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STATE OF SOUTH CAROLINA COUNTY OF

Name of applicant and Inmate number (if applicable) OR IN THE INTEREST OF

Juvenile v. State of South Carolina

) IN THE COURT OF (Select one) ) GENERAL SESSIONS ) FAMILY COURT ) JUDICIAL CIRCUIT ) ) APPLICATION FOR ) FORENSIC DNA TESTING ) ) ) ORIGINAL INDICTMENT NO. ) ) _______-GS-____-___________ ) ) OR ) ) ORIGINAL PETITION NO. ) ) _______-JU-_____-___________ ) )

INSTRUCTIONS ­ READ CAREFULLY In order for this application to receive consideration by the Court, it shall be in writing (legibly handwritten or typewritten), signed by the applicant and verified (notarized), and it shall set forth in concise form the answers to each applicable question. If necessary, applicant may continue an answer to a particular question on the reverse side of the page or on an additional page. Applicant shall make clear to which question any such continued answer refers. Since every application must be sworn under oath, any false statement of a material fact therein may serve as the basis of prosecution and conviction for perjury. Applicants should, therefore, exercise care to assure that all answers are true and correct. If the application is taken in forma pauperis, it shall include an affidavit (attached at the end of the form) setting forth information which establishes that applicant will be unable to pay the fees and costs of the proceedings. When the application is completed, the original shall be mailed to the Clerk of Court for the County in which the applicant was convicted or adjudicated. I understand that DNA testing is only available if I have been convicted or adjudicated of an offense listed in S.C. Code Ann. § 17-28-30, that I am currently incarcerated for that offense, and that I am asserting that I am innocent of the offense. Further, if the conviction or adjudication was the result of a plea of guilty or nolo contendere, the application must be filed within seven years of the date of sentencing. 1. Identify the proceedings in which the applicant was convicted or adjudicated: _____________________________________________________________________________ _____________________________________________________________________________ SCCA DNA 101 (04/2009) 1 of 5

2.

Give the date of the entry of the judgment and sentence: _________________________________ ______________________________________________________________________________ and current place of incarceration: __________________________________________________

3.

Identify all previous or ongoing proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or adjudication: (a) _________________________________________________________________________ (b) __________________________________________________________________________ (c) __________________________________________________________________________

4.

Make a reasonable attempt to identify the physical evidence or biological material that should be tested: ____________________________________________________________ _____________________________________________________________________________ Identify the specific type of DNA testing being sought: _______________________________________________________________________________ _______________________________________________________________________________

5.

Explain why the identity of the applicant was or should have been a significant issue during the original court proceedings, notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

6.

Explain why the physical evidence or biological material sought to be tested was not previously subjected to DNA testing, or if the physical evidence or biological material sought to be tested was previously subjected to DNA testing, provide the results of the testing and explain how the requested DNA test would provide a substantially more probative result: _____________________________________________________________________________

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_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 7. Explain why if the DNA testing produces exculpatory results, the testing will constitute new evidence that will probably change the result of the applicant's conviction or adjudication if a new trial is granted and is not merely cumulative or impeaching: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

8.

I assert that I am actually innocent of the listed offense, that this offense is listed in S.C. Code Ann. § 17-28-30 and that I am currently incarcerated for the listed offense. I attest that this application is made to demonstrate innocence and not solely to delay the execution of a sentence or the administration of justice. If DNA testing is conducted and results are determined to be inculpatory by the Court, I understand that: (a) The Court may hold me in contempt of court if it determines that my assertion of actual innocence was intentionally false; The Court may assess the cost of any DNA testing against me; The South Carolina Department of Corrections may use this determination to deny good conduct credit; and, The Department of Probation, Parole, and Pardon Services can use this determination to deny parole.

9.

(b) (c)

(d)

__________________________________ Print Applicant Name

_______________________________ Signature of Applicant

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STATE OF SOUTH CAROLINA County of

) ) )

VERIFICATION

I ___________________________, being duly sworn upon my oath, depose and say that I have subscribed to the foregoing application; that I know the contents thereof; and that the matters and allegations set forth are true.

_______________________________________ Signature of Applicant SWORN to and subscribed before me this _______ day of _______________________, 2____.

_________________________________________(L.S.) Notary Public My Commission Expires: _____________________

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APPLICATION TO PROCEED WITHOUT PAYMENT OF COSTS AND AFFIDAVIT IN SUPPORT THEREOF I, _________________________, hereby apply for leave to proceed in this action without prepayment of fees or costs or security therefor. In support of my application I declare under penalty of perjury that the following facts are true: (1) (2) I am the applicant in this action and I believe I am entitled to redress. Because of my poverty I am unable to pay the costs of said proceeding or give security thereof. _______________________________________ Signature of Applicant

SWORN to and subscribed before me this _______ day of _______________________, 2____.

_________________________________________(L.S.) Notary Public My Commission Expires: _____________________

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