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U.S. v. Mitchell, No. 2:09cr105 (W.D.Pa.) (681 F.Supp.2d 597) (November 6, 2009) (Judge David Stewart Cercone)

In this noteworthy and well-reasoned opinion, District Judge David Cercone ruled that a key provision of the DNA Analysis Backlog Elimination Act of 2000, which is codified at 42 U.S.C. § 14135a, et seq. (the “DNA Act”) is unconstitutional, at least as applied to pretrial detainees. In 2006, Congress expanded ...

 

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