Friday, August 3, 2018
The pertinent portion of Indiana's postconviction DNA testing statute, Ind. Code Ann. § 35-38-7-8(4), provides in relevant part that the court shall order postconviction DNA testing if
(4) A reasonable probability exists that the petitioner would not have:
(i) prosecuted for; or
(ii) convicted of;
the offense; or
(B) received as severe a sentence for the offense;
if exculpatory results had been obtained through the requested DNA testing and analysis.
So, where does that leave pleading defendants?
The language of the Indiana statute is completely open ended. It doesn't reference pleas, trials, verdicts, and identity being in issue. Therefore, it seems likely to me that pleading defendants could seek postconviction DNA testing in Indiana. But, as far as I can tell, this issue has not yet been tested in the courts.