23-5B-16. Grounds for new trial.
The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in §23-5B-1, for which the petitioner is under a sentence of imprisonment.
Source: SL 2009, ch 120, §16.
Structure South Dakota Codified Laws
Chapter 05B - DNA Testing Of Persons Convicted Of Felonies
Section 23-5B-1 - Order upon motion for DNA testing of person convicted of felony--Requirements.
Section 23-5B-2 - Notice to attorney general and state's attorney of motion for testing--Response.
Section 23-5B-4 - Petitioner may retain counsel.
Section 23-5B-5 - Preservation of evidence in state custody.
Section 23-5B-6 - Testing laboratory.
Section 23-5B-7 - Testing by agreement.
Section 23-5B-8 - Disclosure of test results.
Section 23-5B-9 - Submission of test results to State DNA Database.
Section 23-5B-10 - Inconclusive test results or match between DNA sample and DNA evidence.
Section 23-5B-11 - Match between DNA sample and other offense.
Section 23-5B-12 - Denial of relief upon inconclusive test results.
Section 23-5B-13 - Effect of match between DNA sample and DNA evidence.
Section 23-5B-14 - Sentencing in prosecution for false assertions.
Section 23-5B-15 - Motion for new trial where testing excludes petitioner as source of DNA evidence.
Section 23-5B-16 - Grounds for new trial.