Assessing the Viability of the Claim

Make a Preliminary Evaluation of the Merit of the Claim

A preliminary evaluation should be made of the potential significance of any further DNA testing. If testing would produce only irrelevant results, the request for DNA typing should be denied. If the results could be material to the petitioner's claim, determine, in consultation with an expert, whether or not available DNA analysis is capable of answering the question that the inmate now claims will exonerate him. Discuss your evaluation with defense counsel.

Conduct a Thorough Review of the Case File

In reviewing the case, keep in mind the framework for analysis set out on this site.  Determine which category or categories the case could fall into in light of the inmate's claim, and decide which DNA test results would be most favorable to the inmate.

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