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| 10. Hearing on results of DNA analysis; relief. The If the | | results of the DNA analysis show that the petitioner is not the | source of the evidence, the court shall state its findings of fact | on the record or make written findings of fact supporting its | decision to grant or deny the person authorized in section 2137 a | new trial under this section hold a hearing to determine the | | appropriate relief to be granted the petitioner. If the petitioner | | does not have counsel, the court shall appoint counsel if the court | | finds that the person is indigent. |
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| | | Based on the results of the DNA analysis and any other evidence | | or matter presented at the hearing, the court shall issue an | | order: |
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| | | A.__Setting aside or vacating the petitioner's judgment of | | conviction, judgment of not guilty by reason of mental | | disease or defect or adjudication; |
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| | | B.__Granting the petitioner a new trial or fact-finding | | hearing; |
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| | | C.__Granting the petitioner a new sentencing hearing, | | commitment hearing or dispositional hearing; |
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| | | D.__Discharging the petitioner from custody; |
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| | | E.__Specifying the disposition of any evidence that remains | | after the completion of the DNA analysis; |
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| | | F.__Granting the petitioner additional discovery on matters | | related to the DNA analysis or the underlying conviction or | | sentence, including, but not limited to, documents | | pertaining to the criminal investigation or the identities | | of other suspects; or |
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| | | G.__Directing the State to place any unidentified DNA | | profile obtained from postjudgment of conviction DNA | | analysis into the state DNA database and state DNA data | | bank. |
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| | | The court shall state its findings of fact on the record or make | | written findings of fact supporting the order that is issued | | pursuant to this subsection. |
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| | | 11. Appeal from a court decision. An aggrieved person A | petitioner or the State may not appeal from the denial of a new | trial order of the court made pursuant to subsection 10, | paragraphs A to G as a matter of right. The time, and manner and | specific conditions for taking that appeal to the Supreme | | Judicial Court, sitting as the Law Court, are as the Supreme |
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