2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 112 - Habeas Corpus
Subchapter 2 - New Scientific Evidence
§ 16-112-207. Appointment of Counsel - Latent Fingerprinting Services
(a)
(1) A person financially unable to obtain counsel who desires to pursue the remedy provided in this subchapter may apply for representation by the Arkansas Public Defender Commission or appointed private attorneys.
(2) The trial public defenders or appointed private attorneys may represent indigent persons who apply for representation under this section.
(b)
(1)
(A) With the approval of the court, petitioners may use the services of the State Crime Laboratory for latent fingerprinting identification, deoxyribonucleic acid (DNA) testing, and other tests which may become available through advances in technology.
(B)
(i) If approved by the court, the laboratory shall provide the requested services.
(ii) Samples shall be of sufficient quantity to allow testing by both the prosecution and the defense.
(iii) Neither the prosecution nor the defense shall consume the entire sample in testing in the absence of a court order allowing the sample to be entirely consumed in testing.
(2) Subdivision (b)(1) of this section shall not apply to any tests before trial of a matter that will be governed by relevant constitutional provisions, statutory law, or court rules.
(c) The Executive Director of the Arkansas Public Defender Commission and the laboratory shall give priority to claims based on factors including:
(1) The opportunity for conclusive or near conclusive proof through scientific evidence that the person is actually innocent; and
(2) A lengthy sentence of imprisonment or a death sentence.
