US Supreme Court Docket
[Download January 12, 2008 Argument Calendar PDF]
that may be viewed using AdobeReader.
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.
-
Coming Soon
For Petitioner:
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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