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Supreme Court takes up "right to DNA evidence" case

By Douglas A. Berman

Though not dealing with a sentencing issue, the Supreme Court granted review today in a case that could have all sorts of ripples through prisoner rights' litigation. Here are the basics of the cert. grant from this SCOTUSblog post: The Supreme Court agreed on Monday to decide whether a state prison inmate may seek access to DNA evidence for use in pursuing a claim of innocence, by filing a civil rights claim after his trial is over.... In the new DNA evidence case, District Attorney?s Office v. Osborne (08-6), an implied question is whether an inmate has a right under the Fourteenth Amendment, after conviction, to seek that type of evidence when the right is based upon the Supreme Court?s 1963 ruling in Brady v. Maryland, requiring prosecutors to turn over evidence that would help the accused?s defense...continue to full post

Full post as published by Sentencing Law and Policy on November 03, 2008 (boomark / email).