This Note argues that the Massachusetts legislature should enact a post-conviction DNA access statute by focusing on various approaches of other state courts and legislatures in recognizing a statutory right to post-conviction DNA testing. The goal of this Note is not to assess the constitutional and due process rights of access to DNA evidence, but instead to provide effective and pragmatic policy reasons for a Massachusetts statute. Part II.A provides an overview of federal legislation and case law on post-conviction DNA access. Part II.B discusses how Massachusetts prisoners currently appeal for postconviction DNA testing. Part II.C studies Massachusetts case law, which has interpreted and applied Rule 30, specifically in motions for post-conviction DNA access. Part II.D focuses on the statutory and case law approaches of the state of New York. Part II.E discusses the statutory requirements needed for post-conviction DNA access under Maine law, as well as Maine’s recently amended DNA access statute. Finally, Part III suggests the approach the Massachusetts legislature should take in developing a post-conviction DNA statute, incorporating successful aspects of federal, Maine, and New York legislation on post-conviction DNA access. . .
