Monday, October 22, 2018
The pertinent portion of Wyoming's postconviction DNA testing statute, W.S. 7-12-303(d), states that
The court may not order DNA testing in cases in which the trial or a plea of guilty or nolo contendere occurred after January 1, 2000 and the person did not request DNA testing or present DNA evidence for strategic or tactical reasons or as a result of a lack of due diligence, unless the failure to exercise due diligence is found to be a result of ineffective assistance of counsel. A person convicted before January 1, 2000 shall not be required to make a showing of due diligence under this subsection.
So, where does that leave pleading defendants?
Wyoming's postconviction DNA statute makes clear that pleading defendants may seek postconviction DNA testing but that they must satisfy additional requirements that do not apply to defendants convicted after trials.