Monday, August 27, 2018
The pertinent portion of Minnesota's postconviction DNA testing statute, Minn. Stat. Ann. § 590.01, Subdivision 1a(b)(1) provides that the defendant must present a prima facie case that, inter alia,
identity was an issue in the trial.
So, where does that leave pleading defendants?
Minnesota's postconviction DNA testing statute doesn't explicitly reference pleading defendants. That said, courts in other states have interpreted similar "identity in issue" clauses as precluding pleading defendants from seeking relief. Therefore, it is likely that Minnesota does not allow pleading defendants to seek postconviction DNA testing.