Prima facie proof required
Sec. 8. After complying with section 7 of this chapter, the court
shall determine whether the petitioner has presented prima facie
proof of the following:
(1) That the evidence sought to be tested is material to
identifying the petitioner as:
(A) the perpetrator of; or
(B) an accomplice to;
the offense that resulted in the petitioner's conviction.
(2) That a sample of the evidence that the petitioner seeks to
subject to DNA testing and analysis is in the possession or
control of either:
(A) the state or a court; or
(B) another person, and, if this clause applies, that a
sufficient chain of custody for the evidence exists to suggest
that the evidence has not been substituted, tampered with,
replaced, contaminated, or degraded in any material aspect.
(3) The evidence sought to be tested:
(A) was not previously tested; or
(B) was tested, but the requested DNA testing and analysis
will:
(i) provide results that are reasonably more discriminating
and probative of the identity of the perpetrator or
accomplice; or
(ii) have a reasonable probability of contradicting prior
test results.
(4) A reasonable probability exists that the petitioner would not
have:
(A) been:
(i) prosecuted for; or
(ii) convicted of;
the offense; or
(B) received as severe a sentence for the offense;
if exculpatory results had been obtained through the requested
DNA testing and analysis.
As added by P.L.49-2001, SEC.2.
Last modified: May 24, 2006