| | | 3. Counsel; fees. If the court finds that the person filing | a motion under section 2137 petitioner is indigent, the court may | appoint counsel for the person petitioner at any time during the | | proceedings under this chapter. If the petitioner has retained | | private pro bono counsel, including, but not limited to, counsel | | from a nonprofit organization that represents indigent persons, | | the court may award reasonable attorney's fees and costs at the | | conclusion of the litigation. |
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| | | 4. Proof required. The court shall order DNA analysis if a | person authorized under section 2137 petitioner presents prima | | facie evidence that: |
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| | A. The evidence sought to be analyzed is material to the | issue of the person's identity as the perpetrator of, or | accomplice to, the crime that resulted in the conviction | | petitioner would not have been convicted, or would have | | received a lesser sentence, if favorable results had been | | obtained through DNA analysis at the time of the original | | prosecution; |
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| | | B. A sample of the evidence is available for DNA analysis; |
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| | | C. The evidence to be tested has been subject to a chain of | | custody sufficient to establish that it has not been | | substituted, tampered with, replaced or altered in a | | material way; |
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| | | D. The evidence was not previously subjected to DNA | | analysis or, if previously analyzed, will be subject to DNA | analysis technology that was not available when the person | petitioner was convicted; and |
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| | E. The identity of the person petitioner as the perpetrator | | of the crime that resulted in the conviction was at issue | during the person's petitioner's trial.; and |
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| | | F.__The application for testing is being made for the | | purpose of demonstrating innocence or the appropriateness of | | a lesser sentence and not to delay unreasonably the | | execution of sentence or administration of justice. |
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| | | 5. Court finding; analysis ordered. The court shall state | | its findings of fact on the record or shall make written findings | | of fact supporting its decision to grant or deny a motion to | order DNA analysis. If the court grants a motion for DNA | analysis under this section, the crime lab shall perform DNA | analysis on the identified evidence and on a DNA sample obtained | from the person. |
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