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behalf of the person would make it probable that a different | verdict would result upon a new trial; or |
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| C.__All of the prerequisites for obtaining a new trial based | on newly discovered evidence are met as follows: |
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| (1)__The DNA test results, when considered with all the | other evidence in the case, old and new, admitted in | the hearing conducted under this section on behalf of | the person would make it probable that a different | verdict would result upon a new trial; |
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| (2)__The proferred DNA test results have been | discovered by the person since the trial; |
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| (3)__The proferred DNA test results could not have been | obtained by the person prior to trial by the exercise | of due diligence; |
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| (4)__The DNA test results and other evidence admitted | at the hearing conducted under this section on behalf | of the person are material to the issue as to who is | responsible for the crime for which the person was | convicted; and |
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| (5)__The DNA test results and other evidence admitted | at the hearing conducted under this section on behalf | of the person are not merely cumulative or impeaching, | unless it is clear that such impeachment would have | resulted in a different verdict. |
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| 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.__If the court finds that the person authorized in | section 2137 has met the evidentiary burden of paragraph A, the | court shall grant a new trial. |
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| For purposes of this subsection, "all the other evidence in the | case, old and new," means the evidence admitted at trial; | evidence admitted in any hearing on a motion for new trial | pursuant to Rule 33 of the Maine Rules of Criminal Procedure; | evidence admitted at any collateral proceeding, state or federal; | evidence admitted at the hearing conducted under this section | relevant to the DNA testing and analysis conducted on the sample; | and evidence relevant to the identity of the source of the DNA | sample. |
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| | Sec. 6. Effective date. This Act takes effect September 1, 2006. |
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