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Title XXXVII CRIMINAL PROCEDURE

Chapter 547

previous next Effective - 28 Aug 2001bottom

  547.037.  Motion for release filed, when, procedure. — 1.  If testing ordered pursuant to section 547.035 demonstrates a person's innocence of the crime for which the person is in custody, a motion for release may be filed in the sentencing court.

  2.  The court shall issue to the prosecutor an order to show cause why the motion should not be granted.  The prosecutor shall file a response consenting to or opposing the motion.

  3.  If the prosecutor consents to the motion and if the court finds that such testing demonstrates the movant's innocence of the crime for which he or she is in custody, the court shall order the movant's release from the sentence for the crime for which testing occurred.

  4.  If the prosecutor files a response opposing the movant's release, the court shall conduct a hearing.  If a hearing is ordered, the public defender shall be appointed to represent the movant if the movant is indigent.  The hearing shall be on the record.  The movant shall have the burden of proving the allegations of the motion by a preponderance of the evidence.

  5.  If the court finds that the testing ordered pursuant to section 547.035 demonstrates the movant's innocence of the crime for which he or she is in custody, the court shall order the movant's release from the sentence for the crime for which the testing occurred.  Otherwise, relief shall be denied the movant.

  6.  The court shall issue findings of fact and conclusions of law whether or not a hearing is held.  An appeal may be taken from the court's findings and conclusions as in other civil cases.

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(L. 2001 S.B. 267)


---- end of effective   28 Aug 2001 ----

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