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: Capital Defense Weekly

this week’s edition

By Karl R. Keys, Esq.

From the next edition: Leading off this week is the Supreme Court’s decision in Henry Skinner v. Switzer. As most people know, the decision’s holding, “[a] convicted state prisoner seeking DNA testing of crime-scene evidence may assert that claim in a civil rights action under 42 U.S.C. 1983[,]” comes as a shock to almost no one.  Notable in this matter, however, is the unusual line-up of Justices with both the Chief Justice and Justice Scalia “signing-on” to the majority opinion by Justice Ginsburg. What the opinion, in practical terms, means is that DNA testing, even if unavailable under a sec. 2254 or sec. 2255 proceeding, may nonetheless be sought in certain circumstances in a federal civil rights suit...continue to full post

Full post as published by Capital Defense Weekly on March 08, 2011 (boomark / email).