United States Ninth Circuit
Morrison v. Peterson, 13-15675
In a 42 U.S.C. section 1983 action challenging the constitutionality of California Penal Code section 1405, which allows for DNA testing of evidence after a defendant's conviction, the district court's dismissal of plaintiff's complaint is affirmed where section 1405's remedy is not illusory and the section's provisions are consistent with Dist. Attorney's Office for Third Judicial Dist. v. Osborne, 557 U.S. 52 (2009).
Appellate Information
- Published 2015/12/15
Judges
- M. SMITH
Court
- United States Ninth Circuit