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SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals
by Richard Resch
The Supreme Court of the United States held that when a prisoner’s request for postconviction DNA testing of evidence in accordance with the process established by the state is denied and the prisoner files a 42 U.S.C. § 1983 procedural due process claim challenging the constitutionality of ...
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More from this issue:
- The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification, by Douglas Ankney
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- Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release, by James Lockhart, Luke Sommer
- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, by Richard Resch
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- Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve, by Douglas Ankney
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, by Harold Hempstead
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More from Richard Resch:
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023
More from these topics:
- Study: DNA Transfer in Social Settings, Feb. 15, 2025. DNA Testing/Samples, Forensic Sciences, DNA Evidence, DNA Evidence/Testing.
- Study Reveals Best DNA Recovery Spots on Drug Baggies, Feb. 15, 2025. DNA Testing/Samples, War on Drugs, DNA Evidence/Testing.
- Colorado Bureau of Investigation Admits Over 1,000 Cases Affected by DNA Test Misconduct, Feb. 1, 2025. Judicial Misconduct, DNA Testing/Samples, junk science, Forensic Sciences.
- Seeking Justice for Two: The DNA Scandal That Shook a Community, Jan. 15, 2025. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence/Testing.
- Touch-Transfer DNA Remains Misunderstood and Still Poses High Risk of Wrongful Conviction, Dec. 15, 2024. DNA Testing/Samples, junk science, DNA Evidence/Testing.
- DNA on Fired Cartridge Casings: Promising Advances to Link Suspects to Crime Scenes, Dec. 15, 2024. DNA Testing/Samples.
- False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them, Dec. 1, 2024. DNA Testing/Samples, Wrongful Conviction, False Statements/Perjury, False Exculpatory Statements.
- SCOTUS Stays Texas Execution With 20 Minutes to Spare, Nov. 15, 2024. DNA Testing/Samples, Death Penalty/Death Row, Stays, Lethal Injection Method of Execution.
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024. Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent.
- New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles, Oct. 1, 2024. DNA Testing/Samples, junk science.
