Legal Opinion
Osborne v. District Attorney's Office for the Third Judicial District
Court of Appeals for the Ninth Circuit
Decided April 2, 2008No. 06-35875PublishedCited by 41 opinions
1Opinion of the Court
BRUNETTI, Circuit Judge:
William Osborne, an Alaska prisoner, brought this action under 42 U.S.C. § 1983 to compel the District Attorney’s Office in Anchorage to allow him post-conviction access to biological evidence — semen from a used condom and two hairs — that was used to convict him in 1994 of kidnapping and sexual assault. Osborne, who maintains his factual innocence, intends to subject the evidence, at his expense, to STR and mitochondrial DNA testing, methods that were unavailable at the time of his trial and are capable of conclusively excluding him as the source of the DNA.
In a…
2Cases cited40 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Brady v. MarylandSupreme Court of the United States · 1963
- Younger v. HarrisSupreme Court of the United States · 1971
- Heck v. HumphreySupreme Court of the United States · 1994
- Schlup v. DeloSupreme Court of the United States · 1995
35 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009
- Bryson v. GonzalesCourt of Appeals for the Tenth Circuit · 2008
- Cunningham v. District Attorney's Office for Escambia CountyCourt of Appeals for the Eleventh Circuit · 2010
- Marcos Poventud v. City of New YorkCourt of Appeals for the Second Circuit · 2014
- Scott Jones v. Jeri TaylorCourt of Appeals for the Ninth Circuit · 2014
36 more not listed; retrieve them via the Exa API.