2017 Wyoming Statutes
TITLE 7 - CRIMINAL PROCEDURE
CHAPTER 12 - APPEAL, EXCEPTIONS AND NEW TRIAL
ARTICLE 3 - NEW TRIAL
SECTION 7-12-310 - Order following testing.
7-12-310. Order following testing.
(a) If the results of the DNA analysis are inconclusive or show that the movant is the source of the evidence, the court shall deny any motion for a new trial based upon the DNA evidence and shall provide the results to the board of parole.
(b) If the results of the DNA analysis are consistent with assertions contained in the movant's motion, the court shall set the matter for hearing on the motion for a new trial.
(c) Upon the stipulation of both parties or a motion for dismissal of the original charges against the movant by the state in lieu of a retrial, the court shall:
(i) Vacate the movant's conviction consistent with the evidence demonstrating the movant's actual innocence;
(ii) Issue an order of actual innocence and exoneration; and
(iii) Issue an order of expungement.
(d) In the event a retrial is pursued and conducted and the movant is acquitted at the retrial, the court shall:
(i) Issue an order of actual innocence and exoneration; and
(ii) Issue an order of expungement.
