§ 1 Definitions
§ 2 Conditions for filing motion for forensic or scientific analysis; affect of chapter upon analysis under other circumstances
§ 3 Filing of motion; contents; motion for discovery; affidavit of factual innocence; expeditious review of motion
§ 4 Jurisdiction over motion; service of motion; response by prosecuting attorney
§ 5 Appointed counsel
§ 6 Hearing
§ 7 Findings of fact and conclusions of law; criteria for allowing requested analysis; orders for discovery
§ 8 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
§ 9 Time for performing analysis
§ 10 Cost of analysis
§ 11 Effect of proceedings on terms of sentence imposed
§ 12 Disclosure of analysis results; orders to produce data, documents and notes
§ 13 Additional analysis ordered upon inconclusive findings
§ 14 Victim notification
§ 15 Waiver of right to file motion prohibited
§ 16 Retention and preservation of evidence or biological material by governmental entities; regulations
§ 17 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

Terms Used In Massachusetts General Laws > Chapter 278A - Post Conviction Access to Forensic and Scientific Analysis

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.