Can new DNA evidence be introduced after a conviction?

Although a successful outcome is always desired, a criminal defendant should keep in mind that post-conviction options may also be available. The obvious example is filing an appeal with the appropriate state or federal court. But post-conviction DNA analysis may also be available in some circumstances. 

As its name suggests, post-conviction analysis of DNA evidence is done, by request, after there has been a trial and conviction. Tennessee, like many other states, has passed laws regarding this procedure due to its increasing usage. 

Notably, the procedure is not limited only to exhibits or evidence produced at trial, but may also govern requests to analyze new DNA evidence. In some cases, DNA testing may not have been available at the time of the original trial. In other requests, more advanced technology may reveal flaws that went undetected in the original trial. 

The Innocence Project, an independent non-profit organization dedicated to criminal justice reform and the investigation of wrongful convictions, has compiled data on post-conviction DNA analysis. At least 266 prisoners have been freed, thanks to this procedure. 

As a law firm that focuses on appeals and post-conviction advocacy, we have seen many instances where an accused did not realize that the fight was not over. New DNA evidence might not even have to conclusively exonerate an accused; establishing a reasonable doubt regarding his or her guilt may be sufficient to overturn the conviction. If you have been convicted and are wondering if there may be other strategies still available, check out our firm’s website to learn more about this area of law.

Source: FindLaw, “Post-Conviction DNA Analysis,” copyright 2016, Thomson Reuters

No Comments

Leave a comment
Comment Information
Email Us For A Response

contact the firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Patrick T. McNally, Attorney at Law
424 Church Street
Fifth Third Center, Suite 2260
Nashville, TN 37219

Toll Free: 800-785-9546
Phone: 615-200-9559
Fax: 615-635-0018
Map & Directions

Review Us