Prosecutors in Monroe County, N.Y., who allegedly failed to disclose, in timely fashion, an exculpatory DNA test conducted post-trial are shielded by absolute immunity, the 2nd U.S. Circuit Court of Appeals has ruled, saying the immunity applied because the DNA testing, conducted while contesting habeas petitions and another initiative, "was undertaken in connection with post-trial proceedings and was therefore integral to the advocacy function."
November 17, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Prosecutors who allegedly failed to timely disclose an exculpatory DNA test conducted post-trial are shielded by absolute immunity, the 2nd U.S. Circuit Court of Appeals has ruled.
The 2nd Circuit said the immunity applied to the Monroe County, N.Y., prosecutors because the DNA testing, conducted while contesting habeas petitions and another initiative, “was undertaken in connection with post-trial proceedings and was therefore integral to the advocacy function.”
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