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District Atty.'s Offc. v. Osborne, 08-6

In a 42 U.S.C. section 1983 action seeking the evidence used to convict Defendant of sexual assault for the purposes of DNA testing, summary judgment for Plaintiff is reversed where, assuming Plaintiff's claims could be pursued using Section 1983, he had no constitutional right to obtain post-conviction access to the State's evidence for DNA testing.

Appellate Information

  • Decided 06/18/2009
  • Published 06/18/2009



  • United States Supreme Court