Lawyers USA Your Business Partner

State pays $4.25M to exonerated inmate 

Published: July 12, 2010
Tags: DNA, New York, wrongful imprisonment

An attorney says that New York state is paying $4.25 million in compensation to a Buffalo, N.Y., man who spent 22 years in prison for two rapes committed by someone else.

State can test cup in detainee’s cell for DNA 

Published: May 5, 2010
Tags: DNA, Fourth Amendment, search and seizure

Obtaining an abandoned cup used by a detainee in a holding cell and testing it for DNA did not violate the Fourth Amendment, Maryland’s highest court has ruled.

Arrest warrant may be based on DNA profile 

Published: January 26, 2010
Tags: DNA, search and seizure

An unknown suspect’s unique DNA profile satisfied the “particularity” requirement for the issuance of an arrest warrant, the California Supreme Court has ruled in affirming a conviction.

Suit challenges California’s mandatory DNA sampling 

Published: October 13, 2009
Tags: DNA, Proposition 69

A class action filed by the American Civil Liberties Union challenges California’s mandatory DNA sampling of anyone arrested for a felony regardless of whether they are ever charged or convicted.

Forcible DNA testing unconstitutional 

Published: June 24, 2009
Tags: DNA, search and seizure

A forcible buccal swab from a pretrial detainee for DNA sampling violated the Fourth Amendment, the 9th Circuit has ruled in reversing a U.S. District Court.

High Court says no constitutional right to DNA testing 

By Sylvia Hsieh - Published: June 18, 2009
Tags: DNA, §1983

A criminal defendant does not have a constitutional right to DNA testing after conviction, the U.S. Supreme Court has ruled in a 5-4 decision.

Ruling allowing Taser use to get DNA may be nation’s first 

Published: June 4, 2009
Tags: DNA, Taser

It is legally permissible for police to zap a suspect with a Taser to obtain a DNA sample, as long as it’s not done “maliciously, or to an excessive extent, or with resulting injury,” a county judge has ruled in the first case of its kind in New York State, and possibly the nation. 

HABEAS CORPUS 

Published: March 31, 2009
Tags: DNA, habeas corpus

On federal habeas review, was the evidence underlying a defendant’s conviction for sexual assault, which included faulty DNA evidence, clearly insufficient under Jackson v. Virginia?

U.S. Supreme Court. McDaniel v. Brown, No. 08-559. Certiorari granted Jan. 26, 2009. Ruling below: 525 F.3d 787 (9th Cir. 2008).