Postconviction relief and DNA: assuming Osborne’s
claims can be pursued using §1983, he has no constitutional right to obtain
postconviction access to the State’s evidence for DNA testing; but Alaska
courts are addressing how to apply existing discovery and postconviction relief
laws to this novel technology; Osborne has already been found guilty and
therefore has only a limited liberty interest in postconviction relief; the
question is whether consideration of Osborne’s claim within the framework of
the State’s postconviction relief procedures “offends some fundamental
principle of justice” or “transgresses any recognized principle of fundamental
fairness in operation.”; there is nothing inadequate about Alaska’s
postconviction relief procedures in general or its methods for applying those
procedures to persons seeking access to evidence for DNA testing. The State
provides a substantive right to be released on a sufficiently compelling
showing of new evidence that establishes innocence. It also provides for
discovery in postconviction proceedings, and has—through judicial
decision—specified that such discovery is available to those seeking access to
evidence for DNA testing. These procedures are similar to those provided by
federal law and the laws of other States, and they satisfy due process (U.S.S.Ct.,
18.06.09, District Attorney’s Office v. Osborne, C.J. Roberts).
Showing posts with label Evidence: new evidence that establishes innocence. Show all posts
Showing posts with label Evidence: new evidence that establishes innocence. Show all posts
Thursday, June 18, 2009
District Attorney’s Office v. Osborne
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