Assessing the Viability of the Claim

When the requested materials are received, defense counsel should conduct another evaluation to determine in which category the case falls. (See category descriptions earlier in Framework for Analysis.) If it is determined that the case falls into category 1 or 2, then the case will be accepted and the search for the evidence can commence.

At this point, defense counsel should contact the prosecutor's office to notify it that the inmate is seeking DNA testing and that all evidence collected in connection with the case should be preserved. Throughout this entire process, defense counsel should actively consult with the prosecutors and seek their cooperation. (See Consultation With Prosecutors, for further discussion.)

Go to the Next Section: Search for the Evidence

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