Indiana Code 35-38-7-19. Favorable results of postconviction testing
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Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following:
(2) Upon joint petition of the prosecuting attorney and the petitioner, order the release of the person.
(1) Upon motion of the prosecuting attorney and good cause shown, order retesting of the identified biological material and stay the petitioner’s motion for a new trial pending the results of the DNA retesting.
Terms Used In Indiana Code 35-38-7-19
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- DNA: refers to deoxyribonucleic acid. See Indiana Code 35-38-7-2
- offense: means a felony to which a petition under this chapter relates. See Indiana Code 35-38-7-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) Order a new trial or any other relief as may be appropriate under Indiana law or court rule.
As added by P.L.49-2001, SEC.2.