Wade v. Brady

MEMORANDUM AND ORDER RE: MOTIONS FOR SUMMARY JUDGMENT

GERTNER, District Judge:

I. INTRODUCTION

Robert Wade (“Wade”) brings this action under 42 U.S.C. § 1983 to vindicate his due process right to access certain biological evidence post-conviction. He aims to subject that evidence to DNA testing and use the results, which he believes will be exculpatory, to challenge his felony murder conviction. In 2006, I held that there was a Due Process right to post-conviction access to biological evidence under certain circumstances and that Wade had properly stated a claim. I said:

DNA testing is different.…