§ 7-12-305 — Review by the court; hearing on motion, findings; order

(a) If the court determines that a motion is filed in
compliance with the requirements of W.S. 7-12-303(c) and the
state has had opportunity to respond to the motion, the court
shall set a hearing for not more than ninety (90) days after the
date the motion was filed. If the court finds that the motion
does not comply with the requirements of W.S. 7-12-303(c), the
court may deny the motion without hearing.
(b) The hearing under subsection (a) of this section shall
be heard by the judge who conducted the trial that resulted in
the movant's conviction unless the judge is unavailable.
(c) The movant and the state may present evidence by sworn
and notarized affidavits or by testimony; provided, however, any
affidavit shall be served on the opposing party at least fifteen
(15) days prior to the hearing.
(d) The movant shall be required to present a prima facie
case showing that the evidence supports findings consistent with
the facts asserted under W.S. 7-12-303(c) and DNA testing of the
specified evidence would, assuming exculpatory results,
establish:
(i) The actual innocence of the movant of the offense
for which the movant was convicted; or
(ii) In a capital case:
(A) The movant's actual innocence of the charged
or uncharged conduct constituting an aggravating circumstance;
or
(B) A mitigating circumstance as a result of the
DNA testing.
(e) If the court finds that the movant has presented a
prima facie case showing that the evidence supports findings
consistent with W.S. 7-12-303(c) and the evidence would
establish actual innocence, the court may order testing, subject
to W.S. 7-12-306.