Module 14 :: Postconviction
Topic 1 :: Framework for Considering Cases
Category 5
These are cases in which a request for DNA testing is frivolous.
Considerations for these cases include, among other things, whether:
- A voluntary and reliable confession was obtained.
- A guilty plea was entered.
- The petitioner testified to performing the charged act, but raised a defense such as consent, self-defense, duress or entrapment.
- The petitioner was apprehended in the act or other strong evidence of identity or involvement exists, such as fingerprint evidence.
Example: The trial transcript discloses the existence of other evidence that makes the petitioner's claim meaningless, as in a burglary conviction in which the petitioner was apprehended at the crime scene.