US Supreme Court Docket

Supreme Court Docket

[Download January 12, 2008 Argument Calendar PDF]

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District Atty.'s Offc. v. Osborne
No. 08-6

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:

• US Court of Appeals - 9th Circuit, Opinion Filed: April 2, 2008

Resources:

• Docket Sheet from the U.S. Supreme Court.

Briefs:

Coming Soon

Counsel of Record

For Petitioner:

Kenneth M. Rosenstein
Office of Special Prosecutions & Appeals
Anchorage, AK

For Respondent:

Peter J. Neufeld
Benjamin N. Cardozo School of Law
New York, NY

 

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