Wednesday, September 26, 2018
The pertinent portion of South Carolina's postconviction DNA testing statute, S.C. Code Section 17-28-40(C)(5), states that a petition for postconviction DNA testing must
(5) explain why the identity of the applicant was or should have been a significant issue during the original court proceedings, notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity.
So, where does that leave pleading defendants?
As the language of the statute makes clear, pleading defendants can seek postconviction DNA testing in South Carolina.