Title 07 · WY
7-12-305(e) shall be fully disclosed to the movant, the district
Citation: Wyo. Stat. § 7-12-305
Section: 7-12-305
7-12-305(e) shall be fully disclosed to the movant, the district attorney, the attorney general and the court. If requested by any party, the court shall order production of the underlying laboratory data and notes or chain of custody documents.
7-12-308. Right to counsel.
A convicted person is entitled to counsel during a proceeding under this act. Upon request of the person, the court shall appoint counsel for the convicted person if the court determines that the person is needy and the person wishes to submit a motion under W.S. 7-12-303(c). Counsel shall be appointed as provided in W.S. 7-6-104(c)(vii).
7-12-309. Costs of testing.
(a) The person filing a motion under W.S. 7-12-303(c) shall bear the cost of the DNA testing unless:
(i) The person is serving a sentence of imprisonment;
(ii) The person is needy; and
(iii) The DNA test supports the person's motion.
(b) In the case of a person meeting the criteria specified in paragraphs (a)(i) through (iii) of this section, the costs of testing shall be paid by the state.
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.
7-12-311. Victim notification.
Following any motion filed under this act, the district attorney shall provide notice to the victim that the motion has been filed, the time and place for any hearing that may be held as a result of the motion, and the disposition of the motion. For purposes of this section, "victim" means as defined in W.S.