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Article • May 15, 2007
Missouri DNA Profiling Program Expanded by In July of 2000, John Clevenger, a Missouri state prisoner serving time for attempted murder, was directed to provide a blood sample for DNA profiling. He complied. Later, he learned that MO. Rev. Stat. § 650.055 allowed the taking of blood only from violent …
TN DNA Collection Statute Held Constitutional by Bruce Scarborough and Mack Transou, Tennessee state prisoners, are both convicted sex-offenders. Upon their admission to the state prison system both were asked to provide blood samples for DNA testing per Tenn. Code Ann. § 40-35-3231, et seq. (DNA Statute). Had they refused …
Article • May 15, 2007
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
Article • May 15, 2007
Release of DNA Evidence Must Be Brought As Habeas by The plaintiff sued to obtain the release of biological evidence for DNA testing, alleging it would be exculpatory as to his criminal conviction. His suit was, in effect, a challenge to the validity of his criminal conviction that must be …
Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct by Michael Rigby On August 30, 2006, a jury in Prince George?s County, Maryland, awarded $6.4 million to a man who was wrongfully imprisoned for the brutal rape and murder of his wife. During trial the jury heard compelling evidence …
Article • March 15, 2007 • from PLN March, 2007
North Carolina Enacts Innocence Inquiry Commission by John Dannenberg by John E. Dannenberg On August 3, 2006, North Carolina Governor Mike Easley signed into law H-1323, a bill creating an eight-member Innocence Commission wherein prisoners who have exhausted their court appeals but still claim they were wrongly convicted may reopen …
Article • August 15, 2006 • from PLN August, 2006
Texas Court of Criminal Appeals Reinvigorates DNA Testing Law by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) handed down a decision that removed previous restrictions against prisoners seeking DNA testing to prove their innocence. Billy James Smith, a Texas state prisoner, filed a motion for DNA testing. …
Article • June 15, 2006 • from PLN June, 2006
California Ex-Con DNA Collection Law Ruled Not Retroactive by John E Dannenberg by John E. Dannenberg The U.S. District Court, N.D. Cal., ruled that Californias recent Proposition 69, which provides for DNA collection from all convicted persons, does not apply retroactively to exconvicts who have been discharged from custody, parole …
Article • May 15, 2006 • from PLN May, 2006
Conviction Rates Low After DNA Match by For years now, the U.S. government and individual states have been pushing for wider DNA testing and bigger databases to make matches with crime scene evidence. The Bush administration proposed to spend $1 billion to expand testing. The question now is how effective …
Article • April 15, 2006 • from PLN April, 2006
Ohio Man Awarded $618,000 for Nearly 16 Years Wrongful Imprisonment by On August 15, 2005, the Ohio Court of Claims awarded $618,683.33 to a man who spent nearly 16 years in prison for a rape he did not commit. Donte L. Booker was arrested for a carjacking outside a Beachwood, …
Article • March 15, 2006 • from PLN March, 2006
Florida Awards $2 Million to Wrongfully Convicted Man by At its special session in December 2005, the Florida Legislature passed a bill to pay 44-year-old Wilton Dedge $2 million as compensation for a rape he did not commit. Dedge spent 22 years in Florida prisons for the sexual assault and …
Article • March 15, 2006 • from PLN March, 2006
Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin by Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testing In a case of first impression, the California Court of Appeal strictly construed Penal Code § 1405 to require that the Superior Court …
Article • February 15, 2006 • from PLN February, 2006
Habeas Hints: How to Get DNA Testing by Kent Russell This column is intended to provide habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas …
Article • July 15, 2005 • from PLN July, 2005
Crime Lab Problems Continue In Texas, Elsewhere by Michael Rigby More than two years after the closure of its DNA division, the Houston Police Department (HPD) crime lab remains a lesson in how not to run a forensics unit. Recent developments include the discovery of 280 boxes of misplaced evidence …
California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved by California Initiative To Soften "3-Strikes" Law Defeated; DNA Collection From Arrestees Approved Proposition 66 (Prop. 66), a voter Initiative Act placed on the ballot by prisoners' families to soften California's unforgiving "3-Strikes" law by qualifying an offense …
Article • January 15, 2005 • from PLN January, 2005
DNA Profiling of Conditionally Released Federal Offenders Upheld by John E Dannenberg DNA Profiling Of Conditionally Released Federal Offenders Upheld by John E. Dannenberg A sharply divided en banc Ninth Circuit U.S. Court of Appeals held that the United States does not violate the Fourth Amendment when it requires "DNA …
Article • November 15, 2004 • from PLN November, 2004
Last Chance For Washington Prisoners To Request Postconviction DNA Testing is December 31, 2004 by Washington state prisoners who believe DNA evidence may prove their innocence must file a request for postconviction DNA testing by December 31, 2004. Starting January 1, 2005, a defendant must raise DNA issues at trial …
Article • August 15, 2004 • from PLN August, 2004
Federal DNA Statute Not Challengeable in Criminal Appeal by Federal DNA Statute Not Challengeable In Criminal Appeal The U.S. Court of Appeals for the Fifth Circuit has held that 42 U.S.C. § 14135 et seq. (the Act) may not be challenged on a direct criminal appeal or habeas proceeding. The …
Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard by Alex Coolman DNA evidence and a powerful will to fight helped former federal Texas prisoner Marilyn Shirley win a sexual assault conAviction and a $4 million civil decision against a guard who raped her while she was being …
The Problem of False Confessions in the Post-DNA World, Steven Drizin and Richard Leo, North Carolina Law Review, 2004 HeinOnline -- 82 N.C. L. Rev. 891 2003-2004 Electronic copy available at: http://ssrn.com/abstract=1134094 HeinOnline -- 82 N.C. L. Rev. 892 2003-2004 Electronic copy available at: http://ssrn.com/abstract=1134094 HeinOnline -- 82 N.C. L. …
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