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Criminal Law

: Harmful Error

9th Circuit affirms reversal of Nevada conviction based upon DNA exaggerations

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As noted below, newspapers are reporting on the reversal of a Nevada conviction based upon exaggeration of statistics concerning DNA. On Monday, the 9th Circuit affirmed a federal district court's grant of federal habeas to a Nevada defendant who was convicted of sexual assault of a minor. The decision in Brown v. Farwell is available here. It is a must read for anyone with DNA issues but is also important because the Circuit finds that the Nevada Supreme Court did not employ the proper standard in analyzing whether there was sufficient evidence to sustain the conviction. Congratulations on the victory to Paul Turner of the Federal Public Defender's Office.

Full post as published by Harmful Error on May 07, 2008 (boomark / email).

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