LD 1907
pg. 6
Page 5 of 10 An Act To Amend the Law Governing DNA Testing Page 7 of 10
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LR 2904
Item 1

 
10. Hearing on results of DNA analysis; relief. The If the
results of the DNA analysis show that the petitioner is not the
source of the evidence, the court shall state its findings of fact
on the record or make written findings of fact supporting its
decision to grant or deny the person authorized in section 2137 a
new trial under this section hold a hearing to determine the
appropriate relief to be granted the petitioner. If the petitioner
does not have counsel, the court shall appoint counsel if the court
finds that the person is indigent.

 
Based on the results of the DNA analysis and any other evidence
or matter presented at the hearing, the court shall issue an
order:

 
A.__Setting aside or vacating the petitioner's judgment of
conviction, judgment of not guilty by reason of mental
disease or defect or adjudication;

 
B.__Granting the petitioner a new trial or fact-finding
hearing;

 
C.__Granting the petitioner a new sentencing hearing,
commitment hearing or dispositional hearing;

 
D.__Discharging the petitioner from custody;

 
E.__Specifying the disposition of any evidence that remains
after the completion of the DNA analysis;

 
F.__Granting the petitioner additional discovery on matters
related to the DNA analysis or the underlying conviction or
sentence, including, but not limited to, documents
pertaining to the criminal investigation or the identities
of other suspects; or

 
G.__Directing the State to place any unidentified DNA
profile obtained from postjudgment of conviction DNA
analysis into the state DNA database and state DNA data
bank.

 
The court shall state its findings of fact on the record or make
written findings of fact supporting the order that is issued
pursuant to this subsection.

 
11. Appeal from a court decision. An aggrieved person A
petitioner or the State may not appeal from the denial of a new
trial order of the court made pursuant to subsection 10,
paragraphs A to G as a matter of right. The time, and manner and
specific conditions for taking that appeal to the Supreme
Judicial Court, sitting as the Law Court, are as the Supreme


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