Quoting the SCOTUS Blog, (http://www.scotusblog.com/wp/), the SCOTUS ruled today, 5-4, "that an individual whose criminal conviction has become final does not have a constitutional right to gain access to evidence so that it can be subjected to DNA testing to try to prove innocence." The case, District Attorney’s Office v. Osborne, and can be found here: http://www.supremecourtus.gov/opinions/08pdf/08-6.pdf
In a second opinion released today, "the Court, dividing 6-3, decided that if a jury finds an individual not guilty on some counts, but can’t agree on the others, prosecutors may not try that individual again on the “hung” counts if they had a common element with those on which the jury acquitted." Yeager v. U.S. Following the lead of the infamous maverick state governor, credit is due to the SCOTUS Blog. The opinion can be retrieved here: http://www.supremecourtus.gov/opinions/08pdf/08-67.pdf
Thursday, June 18, 2009
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