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Haw. Rev. Stat. § 844D-130

Successive motions

Applied in 2 court decisions — leading case Jackson v. State (2016)

Most recently applied in Jamison v. State (November 2016)

L 2005, c 112, pt of §1

(a) If the defendant has filed a prior motion for DNA testing under this part or any other provision of law, the defendant may file, and the court shall adjudicate, a successive motion or motions under this part; provided that the defendant asserts new or different grounds for relief, including but not limited to factual, scientific, or legal arguments not previously presented, or the availability of more advanced DNA technology.

(b) The court may also, in its discretion, adjudicate any successive motions if the interests of justice so require.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.