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Seeking Evidence for DNA Testing Allowed Under § 1983
The plaintiff's § 1983 suit seeking access to the biological evidence against him for purposes of challenging his criminal conviction was not in the nature of habeas corpus and did not require exhaustion of state judicial remedies. The plaintiff sought only access to DNA testing and conceded that such tests might show his conviction valid. See: Harvey v. Horan, 119 F.Supp.2d 581 (E.D.Va. 2000).
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Related legal case
Harvey v. Horan
| Year | 2000 |
|---|---|
| Cite | 119 F.Supp.2d 581 (E.D.Va. 2000) |
| Level | District Court |
| Injunction Status | N/A |