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Home / Courts / Criminal Practice – Post-Conviction DNA Testing – Burden of Proof – Materiality – Insufficient Showing (access required)

Criminal Practice – Post-Conviction DNA Testing – Burden of Proof – Materiality – Insufficient Showing (access required)

State v. Foster When a defendant seeks post-conviction DNA testing, the burden is on the defendant to make the materiality showing required by G.S. § 15A-269(a)(1). Here, defendant’s motion stated only, “The ability to conduct the required DNA testing is material to the Defendant’s defense.” Where defendant has provided no other explanation of why DNA testing would be material to his defense, he has failed to establish a condition precedent to the trial court’s granting of his motion.

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