Tennessee § 40-30-305 - Court order if probable that results would have resulted in a more favorable verdict or sentence.

Full text of Tennessee Tennessee Code Annotated § 40-30-305 — Court order if probable that results would have resulted in a more favorable verdict or sentence., with citation guidance and answers to common questions.

§ 40-30-305. Court order if probable that results would have resulted in a more favorable verdict or sentence.

After notice to the prosecution and an opportunity to respond, the court may order DNA analysis if it finds that: A reasonable probability exists that analysis of the evidence will produce DNA results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction; The evidence is still in existence and in such a condition that DNA analysis may be conducted; The evidence was never previously subjected to DNA analysis, or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-405 .

Source: official Tennessee text · Last verified 2026-08-27

Frequently Asked Questions About Tennessee § 40-30-305

What does Tennessee Code Annotated § 40-30-305 cover?

Section 40-30-305 ("Court order if probable that results would have resulted in a more favorable verdict or sentence.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Tennessee § 40-30-305?

A common citation format is "Tennessee Code Annotated § 40-30-305" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Tennessee law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.

How does Tennessee § 40-30-305 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.