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Statutes > South Dakota Laws > Title 23 - LAW ENFORCEMENT > Chapter 05B - DNA Testing Of Persons Convicted Of Felonies > Section 23-5B-16 - Grounds for new trial.

STATE STATUTES & CODES

SOUTH DAKOTA STATUTES AND CODES

Section 23-5B-16 - Grounds for new trial.

23-5B-16. Grounds for new trial. The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in § 23-5B-1, for which the petitioner is under a sentence of imprisonment.

Source: SL 2009, ch 120, § 16.

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