Legal Opinion
William G. Osborne v. District Attorney's Office for the Third Judicial District Susan A. Parkes Anchorage Police Department Walt Monegan
Court of Appeals for the Third Circuit
Decided September 8, 2005No. 04-35126PublishedCited by 48 opinions
1Opinion of the Court
BRUNETTI, Circuit Judge:
William Osborne, an Alaska prisoner, appeals the district court’s dismissal of his action, brought under 42 U.S.C. § 1983, to compel the State to release certain biological evidence that was used to convict him in 1994 of kidnapping and sexual assault. Osborne, who maintains his factual innocence, hopes to subject the evidence, at his expense, to more sophisticated DNA analysis than was available at the time of his trial. He alleges that by refusing him post-conviction access to the evidence, the State has violated his constitutional rights under the First, Sixth,…
2Cases cited10 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Wilkinson v. DotsonSupreme Court of the United States · 2005
- No. 84 Employer-Teamster Joint Council Pension Trust Fund v. America West Holding CorpCourt of Appeals for the Ninth Circuit · 2003
- James Harvey v. Robert F. Horan, Jr., Commonwealth's Attorney, County of Fairfax, Jennifer Thompson Karen R. Pomer Jeri Elster, Amici CuriaeCourt of Appeals for the Fourth Circuit · 2002
5 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Theodore C. Swartz v. Kpmg Llp, and Presidio Advisory Services Inc. Deutsche Bank Ag Deutsche Bank Securities, Inc.Court of Appeals for the Ninth Circuit · 2007
- District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009
- Frank McKithen v. Richard Brown, District Attorney, County of Queens, New YorkCourt of Appeals for the Second Circuit · 2007
- Kossler v. CrisantiCourt of Appeals for the Third Circuit · 2009
- Whitaker v. GarcettiCourt of Appeals for the Ninth Circuit · 2007
43 more not listed; retrieve them via the Exa API.