Home -> Law Blog Directory -> Criminal Law Blogs -> Capital Defense Weekly

Criminal Law

: Capital Defense Weekly

email edition

By Karl R. Keys, Esq.

from this week’s edition: Leading off this edition is the Supreme Court’s decision in District Attorney’s Office for Third Judicial Dist. v. Osborne.  The Court 5-4,  the Court holds that Alaska has an adequate process for granting DNA testing and hence relief can not be had in a free-standing § 1983 action to compel DNA testing. As one commentator has noted, “[t]he majority opinion in District Attorney’s Office v. Osborne (08-6) should not be misunderstood: it does not rule out entirely any access, in a criminal case, to genetic evidence for DNA testing. What it does do is narrow any legal foundation for such access, primarily by leaving it up to 50 state legislatures and Congress to craft rules to control access...continue to full post

Full post as published by Capital Defense Weekly on June 22, 2009 (boomark / email).