Harvey v. Horan, No. 01-6703 (4th Cir.) (278 F.3d 370) (January 23, 2002) (Judge J. Harvie III Wilkinson)
Here the Court reversed a district court decision and held that a felon convicted or rape does not have a constitutional right to have access to, and to test, DNA evidence used at his trial, simply because he contends the new tests would exonerate him.
In 1990, the plaintiff in …
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