International Municipal Lawyers Association - Local Government Blog

Supreme Court rules in Osborne Case | June 18, 2009

The Supreme Court released its decision today in the case of District Attorney’s Office for the Third Judicial District v. Osborne, opinion available here. In a nod to federalism, the Court held there is no due process right under the U.S. Constitution for an individual to obtain postconviction access to a State’s evidence for DNA testing. As the Court states in today’s opinion,

The elected governments of the States are actively confronting the challenges DNA technology poses to our criminal justicesystems and our traditional notions of finality, as well as the opportunities it affords. To suddenly constitutionalize this area would short-circuit what looks to be a prompt and considered legislative response.

IMLA, along with the Council of State Governments and the National Association of Counties, submitted an amicus brief, available here 


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This blog is made possible by the International Municipal Lawyers Association (IMLA), but may include guest bloggers (who are attorneys with experience in local government matters) who might or might not work for IMLA. Their views (and those expressed on this site) do not necessarily express the views of IMLA.

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