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Is There a Constitutional Right to DNA Testing?

The Supreme Court will decide, having granted review in a case I blogged about here.  I think there will be two competing themes.  First, how does the Court get around Heck v. Humphrey?  Under Heck v. Humphrey, a state prisoner may not bring a §1983 action challenging "the fact or duration" of his confinement.  A state prisoner can't sue the police for violating his Fourth Amendment rights, e.g., his right to be free from unreasonable searches, if that goes to the "fact" of his confinement.  It goes towards the fact of his confinement if the improperly seized evidence was used to convict him.  The Heck v. Humphrey  rule requires the prisoner to litigate his issue in a habeas proceeding.Heck's holding was recently affirmed in Wilkinson v. Dotson: "[A] state prisoner?s §1983 action is barred (absent prior invalidation)?no matter the relief sought (damages or equitable relief), no matter the target of the prisoner?s suit (state conduct leading to conviction or internal prison proceedings)?if success in that action would necessarily demonstrate the invalidity of confinement or its duration...continue to full post

Full post as published by Crime & Federalism on November 04, 2008 (boomark / email).