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| 5. It allows the court, if the petitioner has retained private | | counsel, including a nonprofit organization that represents | | indigent persons, to award reasonable attorney's fees and costs to | | that private counsel; |
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| | | 6. It allows a petition to be brought if the petitioner is | | able to show that the person would not have been convicted or | | would have received a lesser sentence if favorable results had | | been obtained through DNA analysis at the time of the original | | prosecution; |
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| | | 7. It requires the petitioner and the State to agree on a | | laboratory to perform the DNA analysis or, if agreement is not | | possible, requires the court to choose the laboratory with input | | from the petitioner and the State; |
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| | | 8. It requires the State to bear the costs of DNA analysis if | | it is performed by the Maine State Police Crime Laboratory | | located in Augusta; |
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| | | 9. It allows the court, if it orders DNA analysis, to make | | other orders including specifying the type of DNA analysis and | | testing procedures to be used and requiring the collection and | | analysis of biological samples from persons other than the | | petitioner; |
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| | | 10. If the results of the DNA analysis are inconclusive or | | show that the petitioner is the source of the DNA, the court is | | required to notify the petitioner's probation officer; |
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| | | 11. If the results of the DNA analysis are favorable to the | | petitioner, it requires the court to hold a hearing on the | | results. Based on the DNA analysis and any other evidence or | | matter raised at the hearing, the court is required to issue an | | order: |
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| | | A. Setting aside or vacating the petitioner's judgment of | | conviction, judgment of not guilty by reason of mental | | disease or defect or adjudication; |
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| | | B. Granting the petitioner a new trial or fact-finding | | hearing; |
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| | | C. Granting the petitioner a new sentencing hearing, | | commitment hearing or dispositional hearing; |
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| | | D. Discharging the petitioner from custody; |
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