[Volokh] Eugene Volokh: Constitutional Right to Access to DNA Evidence for Purposes of Clemency Petition,

[notify at powerblogs.com]

Posted by Eugene Volokh:
Constitutional Right to Access to DNA Evidence for Purposes of Clemency Petition,
http://volokh.com/archives/archive_2008_07_20-2008_07_26.shtml#1216854974


   recognized by [1]McKithen v. Brown, a decision this Monday from Judge
   John Gleeson of the federal trial court for the Eastern District of
   New York. It's a long opinion, but here's the bottom line:

     The Petition Clause ... secures a right of meaningful access to
     whatever avenues remain [after normal appeals have been exhausted,
     avenues that include a clemency petition -EV], and the Due Process
     Clause confers a procedural right of access to evidence for DNA
     testing, if the testing can be accomplished at little cost and
     exculpatory results would undermine confidence in the outcome of
     the trial.

   Seems like an important result, if it's ultimately upheld on appeal.
   The national media and the blogosophere -- including legal blogs --
   seemingly haven't picked it up yet, though my searches found a short
   article on the subject in today's Daily News (New York).

References

   1. http://www.nyed.uscourts.gov/pub/rulings/cv/2002/02cv1670mo.pdf