Massachusetts General Laws
Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis
Section 5 - Appointed Counsel

Section 5. The court may assign or appoint counsel to represent a moving party who meets the definition of indigency under section 2 of chapter 211D in the preparation and presentation of motions filed under this chapter.

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Structure Massachusetts General Laws

Massachusetts General Laws

Part IV - Crimes, Punishments and Proceedings in Criminal Cases

Title II - Proceedings in Criminal Cases

Chapter 278a - Post Conviction Access to Forensic and Scientific Analysis

Section 1 - Definitions

Section 2 - Conditions for Filing Motion for Forensic or Scientific Analysis; Affect of Chapter Upon Analysis Under Other Circumstances

Section 3 - Filing of Motion; Contents; Motion for Discovery; Affidavit of Factual Innocence; Expeditious Review of Motion

Section 4 - Jurisdiction Over Motion; Service of Motion; Response by Prosecuting Attorney

Section 5 - Appointed Counsel

Section 6 - Hearing

Section 7 - Findings of Fact and Conclusions of Law; Criteria for Allowing Requested Analysis; Orders for Discovery

Section 8 - Conditions of Analysis; Selection of Forensic Service Provider; Equal Access to Personnel and Information; Retention of Material Evidence to Allow for Replicate Analysis; Cooperation With Laboratory by Moving Party

Section 9 - Time for Performing Analysis

Section 10 - Cost of Analysis

Section 11 - Effect of Proceedings on Terms of Sentence Imposed

Section 12 - Disclosure of Analysis Results; Orders to Produce Data, Documents and Notes

Section 13 - Additional Analysis Ordered Upon Inconclusive Findings

Section 14 - Victim Notification

Section 15 - Waiver of Right to File Motion Prohibited

Section 16 - Retention and Preservation of Evidence or Biological Material by Governmental Entities; Regulations

Section 17 - Civil or Criminal Liability of Governmental Officials; Willful or Wanton Misconduct or Gross Negligence by Governmental Entities Resulting in Deterioration or Destruction of Evidence; Damages

Section 18 - Appeals