40-30-304 - Court order if probable that exculpatory results would not have resulted in prosecution or conviction. - Tennessee Statutes

40-30-304. Court order if probable that exculpatory results would not have resulted in prosecution or conviction.

After notice to the prosecution and an opportunity to respond, the court shall order DNA analysis if it finds that:

     (1)  A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis;

     (2)  The evidence is still in existence and in such a condition that DNA analysis may be conducted;

     (3)  The evidence was never previously subjected to DNA analysis or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and

     (4)  The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.

[Acts 2001, ch. 444, § 1; T.C.A. § 40-30-404.]