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A constitutional right to DNA testing?

By Karl R. Keys, Esq.

The Ninth Circuit today in Osborne v. District Attorney?s Office for the Third Judicial District, 06-35875 (9th Cir. 4/2/2008), reiterated a very basic theme in that Circuit’s case law & first principles, innocence matters. via Decision of the Day: sborne wants to challenge the biological evidence by using newer and more accurate methods of forensic testing. So he filed for post-conviction relief in state court. The state trial court denied relief so, while his ultimately unsuccessful state appeal was pending, Osborne filed a § 1983 action in federal court against various state defendants, including the police who investigated his crime and the district attorneys who prosecuted it. Osborne argued that he had a due process right to perform advanced testing on the biological evidence...continue to full post

Full post as published by Capital Defense Weekly on April 03, 2008 (boomark / email).