North Carolina General Statutes 15A-270. Post-test procedures
(a) Notwithstanding any other provision of law, upon receiving the results of the DNA testing conducted under N.C. Gen. Stat. § 15A-269, the court shall conduct a hearing to evaluate the results and to determine if the results are unfavorable or favorable to the defendant.
(b) If the results of DNA testing conducted under this section are unfavorable to the defendant, the court shall dismiss the motion and, in the case of a defendant who is not indigent, shall assess the defendant for the cost of the testing.
(c) If the results of DNA testing conducted under this section are favorable to the defendant, the court shall enter any order that serves the interests of justice, including an order that does any of the following:
(1) Vacates and sets aside the judgment.
Terms Used In North Carolina General Statutes 15A-270
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- DNA: means deoxyribonucleic acid. See North Carolina General Statutes 15A-266.2
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Discharges the defendant, if the defendant is in custody.
(3) Resentences the defendant.
(4) Grants a new trial. (2001-282, s. 4.)