§ 35-38-7-8 — Prima facie proof required

After complying with section 7 of this chapter,
the court shall determine whether the petitioner has presented prima
facie proof of the following:
(1) That the evidence sought to be tested is material to identifying
the petitioner as:
(A) the perpetrator of; or
(B) an accomplice to;
the offense that resulted in the petitioner's conviction.
(2) That a sample of the evidence that the petitioner seeks to
subject to DNA testing and analysis is in the possession or control
of either:
(A) the state or a court; or
(B) another person, and, if this clause applies, that a sufficient
chain of custody for the evidence exists to suggest that the
evidence has not been substituted, tampered with, replaced,
contaminated, or degraded in any material aspect.
(3) The evidence sought to be tested:
(A) was not previously tested; or
(B) was tested, but the requested DNA testing and analysis will:
(i) provide results that are reasonably more discriminating
and probative of the identity of the perpetrator or accomplice;
or
(ii) have a reasonable probability of contradicting prior test
results.
(4) A reasonable probability exists that the petitioner would not
have:
(A) been:
(i) prosecuted for; or
(ii) convicted of;
the offense; or
(B) received as severe a sentence for the offense;
if exculpatory results had been obtained through the requested
DNA testing and analysis.

Legislative History

As added by P.L.49-2001, SEC.2.