Wyoming § 7-12-304 Service of process; response by the state;
preservation of evidence

Wyoming Statutes

§ 7-12-304 — Service of process; response by the state; preservation of evidence

Wyoming·Title 07 Criminal Procedure·Ch. 12 APPEAL, EXCEPTIONS AND NEW TRIAL·Art. 3 NEW TRIAL

(a)Notice of the motion filed under W.S. 7-12-303(c) shall be served upon the district attorney in the county in which the conviction occurred and, if applicable, the governmental agency or laboratory holding the evidence sought to be tested.

(b)The district attorney who is served shall within sixty

(60)days after receipt of service of a copy of the motion, or within any additional period of time the court allows, answer or otherwise respond to the motion requesting DNA testing.

(c)The district attorney who is served may support the motion requesting DNA testing or oppose the motion with a statement of reasons and may recommend to the court, if any DNA testing is ordered, that a particular type of testing should be conducted, or object to the proposed testing laboratory, or make such o

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(a) Notice of the motion filed under W.S. 7-12-303(c)
shall be served upon the district attorney in the county in
which the conviction occurred and, if applicable, the
governmental agency or laboratory holding the evidence sought to
be tested.
(b) The district attorney who is served shall within sixty
(60) days after receipt of service of a copy of the motion, or
within any additional period of time the court allows, answer or
otherwise respond to the motion requesting DNA testing.
(c) The district attorney who is served may support the
motion requesting DNA testing or oppose the motion with a
statement of reasons and may recommend to the court, if any DNA
testing is ordered, that a particular type of testing should be
conducted, or object to the proposed testing laboratory, or make
such other objections, recommendations or requests as will
preserve the integrity of the evidence, including, but not
limited to, requests for independent testing by the state or
procedures in the event that the proposed testing will deplete
the DNA sample.
(d) If a motion is filed pursuant to W.S. 7-12-303(c), and
the motion asserts the evidence is in the custody of the state
or its agents, the court shall order the state to preserve
during the pendency of the proceeding all material and relevant
evidence in the state's possession or control that could be
subjected to DNA testing and analysis. The state shall prepare
an inventory of the evidence and shall submit a copy of the
inventory to the movant and to the court. If the state
determines that the evidence is no longer available, the state
shall notify the court and the movant of the loss or destruction
of the evidence and explain its loss or destruction. The state
shall provide copies of chain of custody documentation or other
documents explaining the loss or destruction of the evidence.
After a motion is filed under W.S. 7-12-303(c), prosecutors in
the case, law enforcement officers and crime laboratory
personnel shall cooperate in preserving material and relevant
evidence and in determining the sufficiency of the chain of
custody of the evidence which may be subject to DNA testing.

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