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Mass. Gen. Laws ch. 278A – Post Conviction Access to Forensic and Scientific Analysis | Midpage
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Massachusetts General Laws
Part IV
Title II
Chapter 278A
Mass. Gen. Laws ch. 278A
Post Conviction Access to Forensic and Scientific Analysis
1
Definitions
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Conditions for filing motion for forensic or scientific analysis; affect of chapter upon analysis under other circumstances
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Filing of motion; contents; motion for discovery; affidavit of factual innocence; expeditious review of motion
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Jurisdiction over motion; service of motion; response by prosecuting attorney
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Appointed counsel
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Hearing
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Findings of fact and conclusions of law; criteria for allowing requested analysis; orders for discovery
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Conditions of analysis; selection of forensic service provider; equal access to personnel and information; retention of material evidence to allow for replicate analysis; cooperation with laboratory by moving party
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Time for performing analysis
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Cost of analysis
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Effect of proceedings on terms of sentence imposed
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Disclosure of analysis results; orders to produce data, documents and notes
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Additional analysis ordered upon inconclusive findings
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Victim notification
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Waiver of right to file motion prohibited
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Retention and preservation of evidence or biological material by governmental entities; regulations
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Civil or criminal liability of governmental officials; willful or wanton misconduct or gross negligence by governmental entities resulting in deterioration or destruction of evidence; damages
18
Appeals