Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
District of Attorney’s Office v. Osborne, 557 U.S. 52 (Jun. 18, 2009)
A defendant whose criminal conviction has become final does not have a substantive due process right to gain access to evidence so that it can be subjected to DNA testing to attempt to prove innocence. Additionally, the Court rejected the holding below that Alaska’s procedures for post-conviction relief violated the defendant’s procedural due process rights.