The issue of whether a convicted defendant who hopes to be exonerated has a due process right to DNA testing is before Judge John Gleeson of the U.S. District Court for New York's Eastern District. Originally, the district court dismissed the 42 U.S.C. �1983 claim seeking DNA testing from a man who was convicted of his wife's attempted murder, due to lack of subject matter jurisdiction. But the 2nd Circuit reversed, finding that McKithen's suit was not precluded by an earlier state court case.
March 19, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The issue of whether there is a constitutional right to DNA testing for a convicted defendant who hopes to be exonerated has been placed squarely in the lap of Judge John Gleeson of the U.S. District Court for the Eastern District of New York.
The 2nd U.S. Circuit Court of Appeals has instructed Gleeson to determine whether there exists a right to post-conviction testing under the due process clause of the Fifth and Fourteenth Amendments.
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