Motion for new trial where testing excludes petitioner as source of DNA evidence

SDCL § 23-5B-15 — under DNA TESTING OF PERSONS CONVICTED OF FELONIES.

SDCL § 23-5B-15

If DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, the petitioner may file a motion for a new trial. The court shall establish a reasonable schedule for the petitioner to file such motion for a new trial and for the state to respond to the motion for a new trial. Source: SL 2009, ch 120 , § 15.