Have you been convicted of a crime but believe there exists evidence, that if tested for DNA, would have assisted in your defense?
If so, you may be eligible to file a motion for postconviction DNA testing. The North Carolina General Statutes provide a state law right for post-conviction DNA testing of biological evidence if the evidence meets all the following criteria:
- (1) Is material to the defendant’s defense.
- (2) Is related to the investigation or prosecution that resulted in the judgment.
- (3) Meets either of the following conditions:
- a. It was not DNA tested previously.
- b. It was tested previously, but the requested DNA test would provide results that are significantly more accurate and probative of the identity of the perpetrator or accomplice or have a reasonable probability of contradicting prior test results.
G.S. 15A-269(a). The court shall grant the motion for DNA testing and, if testing complies with FBI requirements, the run of any profiles obtained from the testing, upon its determination that:
- (1) The conditions set forth in subdivisions (1), (2), and (3) of subsection (a) of this section have been met;
- (2) If the DNA testing being requested had been conducted on the evidence, there exists a reasonable probability that the verdict would have been more favorable to the defendant; and
- (3) The defendant has signed a sworn affidavit of innocence.
G.S. 15A-269(b).