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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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