Post Conviction Dna Protocol

Capital Justice Initiative:

Post-Conviction DNA Protocol Inmate Submits Application

To Prosecutor

To Attorney General

Criteria Evaluated by Prosecutor

Criteria Evaluated by Attorney General

Rejected

Accepted

If in Federal Court, Attorney General May Review Application

Rejected

DNA Sample Collected from Inmate Inmate DNA Sample Compared to Crime Evidence Results Become Public Record

Results Reported to Original Trial Court

Results Reported to Prosecutor

Results Reported to Attorney General

State May Use Results Unfavorable to Applicant to Impeach Claims of “Actual Innocence,” or the State May Agree to the Favorable Results DNA Samples Preserved Through Inmate’s Incarceration and Beyond Execution

Results Reported to Inmate

Results Reported to Capital Litigation Court

Inmate May Only Use Exonerating Result to Petition for Post-Conviction Hearing