Postconviction Remedies/DNA/Updates

This Act updates Title 11 of the Delaware Code concerning postconviction remedies relating to DNA testing and DNA evidence. Specifically, the Act removes the limitations currently in the Delaware Code (1) that a person convicted of a crime must seek DNA testing within 3 years after the conviction is final and (2) that a person convicted of a crime may not seek DNA testing or a new trial based on DNA evidence if direct appellate review is available. In addition, the Act requires the court to grant a motion for the performance of DNA testing if certain criteria are satisfied. The Act also permits persons who entered a guilty plea, in addition to persons convicted of a crime, to seek DNA testing, and allows for DNA testing where evidence was previously subjected to testing but additional testing of that evidence provides a reasonable likelihood of results that are more probative. The Act changes the standard applicable to a motion for a new trial based on DNA evidence. Instead of requiring a showing by clear and convincing evidence that no reasonable trier of fact would have convicted the person, under the Act, a reasonable probability that no reasonable trier of fact would have convicted the person must be established. Finally, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

• David P. SokolaD
• Eric MorrisonD
• Krista GriffithD
• Mara GormanD
• Melanie Ross LevinD