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Hawaii Revised Statutes

Haw. Rev. Stat. § 844D-121 (2026)

Petition for post-conviction DNA testing

✓ current as of July 2026
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PART XI.  POST-CONVICTION DNA TESTING

 

     §844D-121  Petition for post-conviction DNA testing.  Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a crime, or acquitted of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility, may file a motion, at any time, for DNA analysis of any evidence that:

     (1)  Is in the custody or control of a police department, prosecuting attorney, laboratory, or court;

     (2)  Is related to the investigation or prosecution that resulted in the judgment of conviction or of acquittal of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility; and

     (3)  May contain biological evidence. [L 2005, c 112, pt of §1; am L 2006, c 144, §4]

 

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2011–2024 · leading case: Powers v. State, 343 S.W.3d 36 (Tenn. 2011).
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Powers v. State, 343 S.W.3d 36 (Tenn. 2011). “); Haw.Rev.Stat. §§ 844D-121 to - 133 (West, Westlaw current with amendments through Act 8 of the 2011 Reg.”
Jardine, III v. State. Concurring & Dissenting Opinion by Devens, J. [ada]., 556 P.3d 406 (Haw. 2024). “In 2008, Jardine filed a petition for post-conviction DNA testing under HRS § 844D-121, which was granted. Based on the results of that testing, in 2010 Jardine filed an HRPP Rule 40 petition for post-conviction relief, seeking a new trial based on newly discovered DNA evidence.”
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