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Motion to Quash Subpeona of DNA Sample Denied by Motion to Quash Subpoena of DNA Sample Denied A South Carolina U.S. District Court has ordered a female prison guard to produce a DNA sample for a grand jury. Shaddie Clark Shabazz is a female guard at a South Carolina federal …
Article • May 15, 2007
Fifth Circuit: Federal DNA Act Constitutional by On January 6, 2004 the U.S. Fifth Circuit Court of Appeals held that the collection of DNA samples from two Texas prisoners under the federal "DNA Act" did not violate the Fourth Amendment or infringe upon their constitutional rights. Jeffrey Groceman and Bradley …
Article • May 15, 2007
Federal Probationer Not Required To Give DNA For Prior Conviction by The U.S. Eastern District Court of California determined that taking DNA for a prior conviction violated the Fourth Amendment ban on illegal searches. Danny Miles was on federally supervised release in California for possession of a firearm by a …
Article • May 15, 2007
Washington Appeals Court Reverses DNA Sample Requirement for Attempted Crime by Washington Appeals Court Reverses DNA Sample Requirement for Attempted Crime On November 29, 2004, the Washington Court of Appeals, Division I, held that unless specifically noted under a state law requiring the submission of DNA samples for certain crimes, …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
$11,000 Paid in Illegal WA DNA Testing by McNeil Island Corrections Center Andre R. Goncalves filed a 42 U.S.0 §1983 action in the Western District of Washington federal court. The complaint asserted Fourth Amendment claims for requiring him to give a blood sample for DNA in the State's DNA database …
Article • May 15, 2007
Kansas Prisoner Convicted of Sodomy Entitled to DNA Testing by Dale Denney, a Kansas state prisoner, was convicted of sodomy in 1992. He later filed a motion in the trial court requesting that DNA tests be performed, pursuant to KSA 2003 § 21-2512.p The trial court denied the motion because …
Retroactive Federal DNA Testing for Parolees Upheld by The federal statute requiring DNA samples from everybody on supervised release was retroactively applicable to all persons who were on supervised release when it was enacted. This retroactive application did not deny due process or the Ex Post Facto Clause and was …
Article • May 15, 2007
Federal DNA Sample Parole Condition Upheld by A supervised release condition requiring the defendant to "cooperate in the collection of DNA as directed by the U.S. probation officer" does not violate the Fourth Amendment and is not unconstitutionally vague, given the extensive rules and restrictions that govern the collection and …
Article • May 15, 2007
Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Michael Rigby On January 10, 2005, the U.S. Second Circuit Court of Appeals held that bank larceny was not a "qualifying federal offense" for …
Article • May 15, 2007
KS Statute Allowing Blood Samples for DNA Databank Upheld by The court of appeals for the Tenth circuit upheld the constitutionality of a Kansas statute allowing the collection of blood samples from prisoners for a DNA databank. All circuits to consider this issue have affirmed the practice, finding DNA information …
Article • May 15, 2007
Guard's Drug Test Constitutional by The U.S. Eighth Circuit Court of Appeals affirmed with modification a federal district court's grant of summary judgment and dismissal to municipal defendants who fired a guard who had failed a random drug test. Eugene Booker was a guard at the Medium Security Institution (MSI) …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
§ 1983 Seeking Post Trial DNA Evidence Not Heck Barred by The Ninth Circuit joined the Eleventh circuit in holding that a § 1983 action seeking post-conviction access to DNA evidence is not barred by Heck v. Humphrey, 512 US 477 (1994). In 1994, William Osborne was convicted of kidnapping …
Article • May 15, 2007
Georgia DNA Testing Statute Upheld by The court upholds a statute requiring DNA sampling of all convicted felons. It does not violate the Fourth Amendment. The bodily intrusion is minimal, and the state's compelling interest in obtaining reliable and accurate identifying characteristics of persons convicted of felonies outweighs it. The …
Article • May 15, 2007
Mandatory AIDS Testing Upheld by The court of appeals for the Tenth circuit upheld an Oklahoma prison policy of subjecting prisoners to mandatory AIDS testing and punishing prisoners who refuse to submit to the tests. See: Dunn v. White, 880 F.2d 1188 (10th Cir. 1989).
Article • May 15, 2007
Exculpatory DNA Evidence Insufficient for New Trial by The Eighth District Court of Appeals of Ohio, in a split decision, has reversed the grant of a new trial to an Ohio prisoner by the Cuyahoga County Court of Common Pleas. Frederick Luckett, an Ohio prisoner, was convicted at jury trial …
Article • May 15, 2007
DNA Collection From Prisoner Constitutional by The Fifth Circuit Court of Appeals held that the collection of DNA Samples from felons pursuant to a state statute does not violate the Fourth Amendment. This action, filed by a Texas prisoner, sought damages and injunctive relief, including deletion of his DNA sample …
Article • May 15, 2007
Required DNA Submission Under Patriot Act Constitutional by The U.S. District Court for the District of Kansas held that the relevant portions of the Patriot Act, which require persons convicted of various felonies to submit a DNA sample for inclusion in the FBI's Combined DNA Index System (CODIS) database, were …
Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape by Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape The First Circuit Court of Appeals affirmed the conviction of a Puerto Rico Federal Bureau of Prison guard's conviction …
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