Wednesday, April 2nd, 2008...7:56 am
9th Cir: Post-conviction Access to DNA Evidence
The 9th Circuit has affirmed Judge Ralph Beistline in this case involving an Alaska prisoner.
In this post-remand appeal, we affirm the judgment of the district court that, under the unique and specific facts of this case and assuming the availability of the evidence in question, Osborne has a limited due process right of access to the evidence for purposes of post-conviction DNA testing, which might either confirm his guilt or provide strong evidence upon which he may seek post-conviction relief.
Osborne v. District Attorney’s Office, 2008 WL _______ (9th Cir. Apr. 2, 2008)
Randall Cavanaugh of Kalamarides & Lambert in Anchorage, and Robert Bundy of Dorsey & Whitney in Anchorage were local counsel for the plaintiff prisoner, with attorneys from the Innocence Project at Cardozo Law School. Nancy Simel of the Anchorage AG’s Office represented the State.
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