These are cases in which a request for DNA testing is frivolous.
Example 10: DNA testing results will be irrelevant, for instance, when petitioner testified about a consent defense in a rape case, or a self-defense claim in a homicide prosecution. If petitioner raised such a defense for tactical reasons but did not testify, the case may belong in a different category. A further caveat is that, even if petitioner testified, a judicial officer may have to rule on claims by petitioner, such as lack of capacity (insanity or mental retardation), or that the defense was coerced.
Example 11: The trial transcript discloses the existence of other evidence that makes petitioner's claim meaningless, as in a burglary conviction where petitioner was apprehended at the scene of the crime.
