Grounds for new trial

SDCL § 23-5B-16 — under DNA TESTING OF PERSONS CONVICTED OF FELONIES.

SDCL § 23-5B-16

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.