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.

Back Forward