← FORMVANA NC FORMS
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01ATTORNEY INFORMATION
02DEFENDANT INFORMATION
03CLAIM OF ACTUAL INNOCENCE (REQUIRED)
04BIOLOGICAL EVIDENCE
05WHY DNA TESTING WAS NOT DONE AT TRIAL
06HOW DNA TESTING COULD PROVE INNOCENCE
07RELIEF REQUESTED
COUNTY OF CONVICTION
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OPEN CLAWDE VERSION →ELIGIBILITY — KEY REQUIREMENTS
- Defendant must claim actual innocence of the conviction
- Biological evidence must still exist and be capable of being tested
- Defendant bears burden of showing testing could produce material evidence
- State has 30 days to respond to the motion
- Court may order the State to preserve evidence pending hearing
IF TESTING PROVES INNOCENCE
- Immediate basis for a new trial under G.S. 15A-270(c)
- Contact NC Innocence Inquiry Commission for cases with substantial evidence
- IPA (NC Innocence & Justice Project) — Duke Law →
- Results excluding defendant = reasonable probability of different outcome
STATUTORY REFERENCE
G.S. 15A-269Motion for DNA testing
G.S. 15A-270Hearing and relief
G.S. 15A-270.1Wrongful conviction
G.S. 15A-1469Innocence Inquiry Commission
NEED AN ATTORNEY?
- Post-conviction DNA motions require an experienced NC criminal attorney
- Barker Richardson, PLLC →
- ResetMyCourtDate.com →