Procedures After Postconviction Testing Results Have Been Obtained

If the results of the testing are favorable to the inmate and no alternative explanations exist, the court should be prepared to grant a joint request by, or a motion from the defense or prosecution, to vacate the conviction in jurisdictions where postconviction relief is not time barred. In jurisdictions where a time bar exists it is recommended that the court note its findings and recommendations as an attachment to an application for executive clemency or pardon.

In the absence of a joint motion or stipulation for dismissal, if DNA testing results seem to exculpate the defendant because of an exclusion, an evidentiary hearing should be set to determine if there is a reasonable probability of a change in the verdict or judgment of conviction. Not all exclusions will result in exonerations. If the court makes such a finding, a new trial should be set, and the defendant's release conditions should be reexamined.

It is possible that, in States where a time bar exists for petitions for postconviction relief based on newly discovered evidence, the parties may stipulate to a waiver of the time bar or the court may use its inherent powers to prevent what may be a miscarriage of justice. This would only apply in cases where dispositive evidence of exoneration exists. The court, for example, could order a defendant's release from custody pending a decision on executive clemency.

If a petition for postconviction relief is granted, the court should ensure that the prosecution or a victim advocacy organization makes contact with the victim prior to any public release of the information to reduce additional emotional trauma and surprise.

If testing results further inculpate the defendant, it is recommended that the court promptly act upon a motion to dismiss the petition.

---

Go to the Next Section: Recommendations for Victim Assistance

Download the complete document: Postconviction DNA Testing: Recommendations for Handling Requests (Adobe PDF)