[Download January 12, 2008 Argument Calendar PDF]
Title:
District Atty.'s Offc. v. Osborne
Subject:
Criminal Law and Procedure, Due Process, 42 U.S.C. section 1983
Question:
1. May Osborne use § 1983 as a discovery device for obtaining postconviction
access to the state's biological evidence when he has no pending substantive claim
for which that evidence would be material?
2. Does Osborne have a right under the Fourteenth Amendment's Due Process
Clause to obtain postconviction access to the state's biological evidence when the
claim he intends to assert - a freestanding claim of innocence - is not legally
cognizable?
Decisions:
Resources:
For Respondent:Kenneth M. Rosenstein
Office of Special Prosecutions & Appeals
Anchorage, AK
Peter J. Neufeld
Benjamin N. Cardozo School of Law
New York, NY
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