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The Developing Field of Post-Conviction DNA Review

By Steve Hall

Law.com reports, "3rd Circuit Revives Suit, Opening Door to DNA Evidence,"  written by Shannon P. Duffy for Pennsylvania's Legal Intelligencer.An Erie, Pa., man who was sentenced to 75 years in prison for three rapes he claims he did not commit has won an important victory in the 3rd U.S. Circuit Court of Appeals in his battle for access to DNA evidence that he says will prove his innocence.A unanimous three-judge panel revived the case, Grier v. Klem, and ordered new hearings on the issue of whether Pennsylvania's rules on DNA testing can have unfair results (pdf) by barring access to DNA evidence whenever a defendant has already confessed to the crime.The panel found that a lower court erred in tossing out Emmitt Grier's §1983 civil rights suit on the grounds that it violated the Heck rule...continue to full post

Full post as published by StandDown Texas Project on January 14, 2010 (boomark / email).