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Postconviction DNA

By Kent Scheidegger et al.

The Supreme Court granted certiorari to review the Ninth Circuit's decision in the Alaska case of District Attorney?s Office for the Third Judicial District, et al. v. Osborne, No. 08-6, regarding a § 1983 suit to get postconviction access to DNA evidence. The question presented is after the jump. SCOTUSblog has the pleadings here. William Osborne was charged with kidnapping, sexual assault, and physical assault. He had the assistance of a competent lawyer who made a reasonable strategic decision to forgo independent DNA testing of the state?s biological evidence. He was convicted after an error-free trial. Now, years later, Osborne has filed an action under 42 U.S.C. § 1983, seeking access to the biological evidence for purposes of new DNA testing...continue to full post

Full post as published by Crime and Consequences on November 03, 2008 (boomark / email).