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laboratory, the court may order as the interests of justice require | | either the State or the petitioner, if the petitioner is able, to | | pay the costs of the DNA analysis. |
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| | | 8. Results. The crime lab or private laboratory shall | | provide the results of the DNA analysis under this chapter to the | court, the person authorized in section 2137 petitioner and the | attorney for the State. Upon motion by the person petitioner or | the attorney for the State, the court may shall order that copies | | of the analysis protocols, laboratory procedures, laboratory | | notes and other relevant records compiled by the crime lab or | | private laboratory be provided to the court and to all parties. |
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| | | A. If the results of the DNA analysis are inconclusive or | | show that the person is the source of the evidence, the | | court shall deny any motion for a new trial. If the DNA | | analysis results show that the person is the source of the | | evidence, the defendant's DNA record must be added to the | | state DNA data base and state DNA data bank. The court also | | shall order the petitioner's probation officer to be | | notified of the results. |
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| | | B. If the results of the DNA analysis show that the person | is not the source of the evidence and the person does not | have counsel, the court shall appoint counsel if the court | finds that the person is indigent. The, the court shall | then hold a hearing at which the person must establish by | clear and convincing evidence that: pursuant to subsection | | 10. |
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| | (1) Only the perpetrator of the crime or crimes for | which the person was convicted could be the source of | the evidence; |
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| | (2) The evidence was collected, handled and preserved | by procedures that allow the court to find that the | evidence is not contaminated or is not so degraded that | the DNA profile of the analyzed sample of the evidence | can not be determined to be identical to the DNA sample | initially collected during the investigation; and |
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| | (3) The person's purported exclusion as the source of | the evidence, balanced against the other evidence in | the case, is sufficient to justify that the court grant | a new trial. |
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| | | 9. Request for reanalysis. Upon motion of the attorney for | | the State, the court shall order reanalysis of the evidence and | | shall stay the person's motion for a new trial pending the | | results of DNA analysis. |
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