HRS §844D-130
Filing another DNA testing request after a first one
A defendant can file more than one request for DNA testing if they have new reasons, like new facts, science, or better technology. The court must consider these new requests. The court can also choose to consider other repeat requests if fairness requires it.
courts
The statute, as written — Successive motions
(a) If the defendant has filed a prior motion for DNA testing under this part or any other provision of law, the defendant may file, and the court shall adjudicate, a successive motion or motions under this part; provided that the defendant asserts new or different grounds for relief, including but not limited to factual, scientific, or legal arguments not previously presented, or the availability of more advanced DNA technology. (b) The court may also, in its discretion, adjudicate any successive motions if the interests of justice so require.
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