Post-Conviction Motion for DNA Testing

A post-conviction motion for DNA testing is a legal request filed by a defendant who has been convicted of a crime, asking the court to order DNA testing of evidence that was not previously tested or that was tested using outdated or unreliable methods. The motion is typically filed after the defendant has exhausted their direct appeals and is seeking to challenge the conviction through collateral review. The purpose of the motion is to establish the defendant’s actual innocence or to undermine the reliability of the evidence used to convict them. The defendant must show that the evidence to be tested is still available and in a condition that allows for DNA testing, that the testing has the potential to produce new, material evidence relevant to the defendant’s claim of innocence, and that the testing employs a scientifically reliable method. The court will consider the motion and any response from the prosecution and may hold a hearing to determine whether to grant the testing. If the motion is granted and the testing produces exculpatory results, the defendant may be entitled to a new trial or other post-conviction relief.