Legal Opinion
James Harvey v. Robert F. Horan, Jr., Commonwealth's Attorney, County of Fairfax, Jennifer Thompson Karen R. Pomer Jeri Elster, Amici Curiae
Court of Appeals for the Fourth Circuit
Decided January 23, 2002No. 01-6703PublishedCited by 108 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER joined. Judge KING wrote an opinion concurring in part and concurring in the judgment.
OPINION
WILKINSON, Chief Judge.
James Harvey, a Virginia prisoner, seeks a constitutional right of access to DNA evidence under 42 U.S.C. § 1983. The district court found that Harvey had a due process right of access to the DNA evidence and a right to conduct testing upon the evidence using technology that was unavailable at the time of his trial and at the time his conviction became final. The district…
2Cases cited30 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Brady v. MarylandSupreme Court of the United States · 1963
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Heck v. HumphreySupreme Court of the United States · 1994
- Preiser v. RodriguezSupreme Court of the United States · 1973
25 more not listed; retrieve them via the Exa API.
3Cited by108 opinions
- Skinner v. SwitzerSupreme Court of the United States · 2011
- Bryson v. GonzalesCourt of Appeals for the Tenth Circuit · 2008
- Frank McKithen v. Richard Brown, District Attorney, County of Queens, New YorkCourt of Appeals for the Second Circuit · 2007
- Stanley M. Ballenger v. John Dale Owens, Lance Corporal and South Carolina State Trooper State of South CarolinaCourt of Appeals for the Fourth Circuit · 2003
- Cunningham v. District Attorney's Office for Escambia CountyCourt of Appeals for the Eleventh Circuit · 2010
103 more not listed; retrieve them via the Exa API.