McKithen v. Brown

UNDERHILL, District Judge:

This case presents the question whether the Constitution provides individuals convicted in New York the right to obtain post-conviction access to the State’s evidence for DNA testing. The United States District Court for the Eastern District of New York (John Gleeson, District Judge), confronting the question as a matter of first impression on remand from this Court, held that such a right exists under the Due Process Clause of the Fourteenth Amendment and that the plaintiff-appellee was constitutionally entitled to receive evidence for the purpose of post-conviction…