Monday, September 3, 2018
The pertinent portion of Nevada's postconviction DNA testing statute, Nev. Rev. Stat. § 176.0918(3)(d), states that
A petition filed pursuant to this section must be accompanied by a declaration under penalty of perjury attesting that the information contained in the petition does not contain any material misrepresentation of fact and that the petitioner has a good faith basis relying on particular facts for the request. The petition must include, without limitation:....
If applicable, the results of all prior genetic marker analysis performed on evidence in the trial which resulted in the petitioner s conviction.
So, where does that leave pleading defendants?
The language of Nevada's statute doesn't explicitly address pleading defendants, but it does reference "the trial which resulted in the petitioner s conviction." Courts in states with similar statute have often interpreted them to apply only to defendants convicted after trial and not defendants who pleaded guilty. Therefore, it seems likely that Nevada's statute doesn't cover pleading defendants.