Post-Conviction DNA Analysis
Every Tennessean has no doubt been exposed in some way to a thrilling murder mystery or criminal caper that is solved through some use of DNA evidence. While the frequency with which DNA testing actually makes or breaks a criminal case is no doubt overblown, analysis of DNA evidence is an extremely useful tool that does prove pivotal in many cases. Recognizing this, the Tennessee legislature enacted the Post-Conviction DNA Analysis Act in 2001 that allows an individual who has been convicted of a crime access to obtain a DNA analysis of evidence found at the crime scene if certain conditions are met.
Tennessee Code Annotated §40-30-304 contains the Post-Conviction DNA Analysis act and provides that the Court will, at the bequest of the convicted individual and after notice has been given to the prosecution, order a DNA analysis to be performed if:
(1) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis;
(2) The evidence is still in existence and in such a condition that DNA analysis may be conducted;
(3) The evidence was never previously subjected to DNA analysis or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and
(4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Thus, one can see that although this statute does allow for DNA testing to be conducted after some individuals have been convicted of crimes, it only allows for such testing when there is a chance that the testing can prove the convicted individual’s innocence. This means that in situations where the totality of the evidence minus any DNA results is so damning that the defendant would have been convicted anyway, the court is unlikely to allow that person access to a DNA analysis. Also, persons who have obtained a DNA analysis cannot obtain a second, similar DNA analysis that will not shed light on any issue that has not been addressed previously.
Post-Conviction DNA testing is a powerful tool, but it also presents the criminal defendant with two problems. First, it is not granted automatically in this state, so Tennesseans may be forced to come up with a persuasive argument for why it is deserved in their cases. Second, it is, by definition, only available after you have been convicted of a crime which is a spot where no one wants to find themselves. Contact a skilled criminal defense attorney to discuss your case, how best to avoid conviction, and your options in the event you are convicted.
Bookmark: 
