§ 7-12-315 — (b) Notwithstanding any law or rule of procedure that bars a motion for a new trial as untimely, a convicted person may use the results of a DNA test ordered pursuant to this act as the grounds for filing a motion for a new trial

Wyoming § 7-12-315

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

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(c) A person convicted of a felony offense may,
preliminary to the filing of a motion for a new trial, file a
motion for post-conviction DNA testing in the district court
that entered the judgment of conviction against hm if the movant
asserts under oath and the motion includes a good faith,
particularized factual basis containing the following
information:
(i) Why DNA evidence is material to:
(A) The identity of the perpetrator of, or
accomplice to, the crime;
(B) A sentence enhancement; or
(C) An aggravating factor alleged in a capital
case.
(ii) That evidence is still in existence and is in a
condition that allows DNA testing to be conducted;
(iii) That the chain of custody is sufficient to
establish that the evidence has not been substituted,
contaminated or altered in any material aspect that would
prevent reliable DNA testing;
(iv) That the specific evidence to be tested can be
identified;
(v) That the type of DNA testing to be conducted is
specified;
(vi) That the DNA testing employs a scientific method
sufficiently reliable and relevant to be admissible under the
Wyoming Rules of Evidence;
(vii) That a theory of defense can be presented, not
inconsistent with theories previously asserted at trial, that
the requested DNA testing would support;
(viii) That the evidence was not previously subjected
to DNA testing, or if the evidence was previously tested one (1)
of the following would apply:
(A) The result of the testing was inconclusive;
(B) The evidence was not subjected to the
testing that is now requested, and the new testing may resolve
an issue not resolved by the prior testing; or
(C) The requested DNA test would provide results
that are significantly more accurate and probative of the
identity of the perpetrator or accomplice.
(ix) That the evidence that is the subject of the
request for testing has the potential to produce new,
noncumulative evidence that will establish the movant's actual
innocence.
(d) The court may not order DNA testing in cases in which
the trial or a plea of guilty or nolo contendere occurred after
July 1, 2008 and the person did not request DNA testing or
present DNA evidence for strategic or tactical reasons or as a
result of a lack of due diligence, unless the failure to
exercise due diligence is found to be a result of ineffective
assistance of counsel. A person convicted on or before July 1,
2008 shall not be required to make a showing of due diligence
under this subsection.