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McKithen v. Brown, No. 08-4002-pr (2nd Cir.) (626 F.3d 143) (November 19, 2010) (Judge Stefan R. Underhill)

Article • December 1, 2010

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

McKithen v. Brown, No. 08-4002-pr (2nd Cir.) (626 F.3d 143) (November 19, 2010) (Judge Stefan R. Underhill) by Here, based on the Supreme Court's decision in District Attorney's Office for the Third Judicial District v. Osborne, 129 S.Ct. 2308 (2009), the Second Circuit reversed McKithen v. Brown, 481 F.Supp.2d 440 …

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (612 F.Supp.2d 90) (April 30, 2009) (Judge Nancy Gertner)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (612 F.Supp.2d 90) (April 30, 2009) (Judge Nancy Gertner) by Back in 2006, Judge Gertner issued a partial ruling on an issue that has grown in significance and importance - namely, does a prisoner have a due process right to post-conviction access to biological …

District Attorney's Office v. Osborne, No. 08-6 (U.S. Supreme Court) (557 U.S. 52; 129 S.Ct. 2308) (June 18, 2009) (Justice (John G.) Roberts)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

District Attorney's Office v. Osborne, No. 08-6 (U.S. Supreme Court) (557 U.S. 52; 129 S.Ct. 2308) (June 18, 2009) (Justice (John G.) Roberts) by Here the Court held, by a 5-4 vote, that an individual whose criminal conviction has become final does not have a constitutional right to gain access …

McKithen v. Brown, No. 02-CV-1670 (JG) (E.D.N.Y.) (565 F.Supp.2d 440) (July 21, 2008) (Judge John Gleeson)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

McKithen v. Brown, No. 02-CV-1670 (JG) (E.D.N.Y.) (565 F.Supp.2d 440) (July 21, 2008) (Judge John Gleeson) by In an important ruling of first impression, Judge Gleeson held that "the Due Process Clause . . . grants a convicted offender access to physical evidence for the purpose of DNA testing if …

McKithen v. Brown, No. 03-0168-pr (2nd Cir.) (481 F.3d 89) (March 13, 2007) (Judge Guido Calabresi)

Article • February 1, 2007 • from P&J February, 2007

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

McKithen v. Brown, No. 03-0168-pr (2nd Cir.) (481 F.3d 89) (March 13, 2007) (Judge Guido Calabresi) by The central issue before the Court in this case was “whether there exists a right, grounded in the Due Process Clause of the Fifth and Fourteenth Amendments to the federal Constitution, to post-conviction …

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (460 F.Supp.2d 226) (October 27, 2006) (Judge Nancy Gertner)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Wade v. Brady, No. 04cv12135-NG (D.Mass.) (460 F.Supp.2d 226) (October 27, 2006) (Judge Nancy Gertner) by Plaintiff prisoner brought an action pursuant to 42 U.S.C. § 1983 against defendant public officials to obtain access to DNA testing of biological evidence used eight years before in his felony murder trial. The …

Harvey v. Horan, No. 01-6703 (4th Cir.) (285 F.3d 298) (March 28, 2002) (Per Curiam)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Harvey v. Horan, No. 01-6703 (4th Cir.) (285 F.3d 298) (March 28, 2002) (Per Curiam) by Here the Forth Circuit declined to grant en banc review of the decision previously reported at 278 F.3d 370, where the panel concluded that a felon convicted of rape did not have a constitutional …

Harvey v. Horan, No. 01-6703 (4th Cir.) (278 F.3d 370) (January 23, 2002) (Judge J. Harvie III Wilkinson)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Harvey v. Horan, No. 01-6703 (4th Cir.) (278 F.3d 370) (January 23, 2002) (Judge J. Harvie III Wilkinson) by 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 …

Harvey v. Horan, No. Civ. No. 00-1123-A (E.D.Va.) (119 F.Supp.2d 581) (September 29, 2000) (Judge Albert V. Jr. Bryan)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Harvey v. Horan, No. Civ. No. 00-1123-A (E.D.Va.) (119 F.Supp.2d 581) (September 29, 2000) (Judge Albert V. Jr. Bryan) by