[Download January 12, 2008 Argument Calendar PDF]

Many documents listed on this page are PDF files that may be viewed using AdobeReader.

---

District Atty.'s Offc. v. Osborne
No. 08-6

---

Title:

District Atty.'s Offc. v. Osborne

Criminal Law and Procedure, Due Process, 42 U.S.C. section 1983

1. May Osborne use § 1983 as a discovery device for obtaining postconviction
access to the state's biological evidence when he has no pending substantive claim
for which that evidence would be material?

2. Does Osborne have a right under the Fourteenth Amendment's Due Process
Clause to obtain postconviction access to the state's biological evidence when the
claim he intends to assert - a freestanding claim of innocence - is not legally
cognizable?

Decisions:

• US Court of Appeals - 9th Circuit, Opinion Filed: April 2, 2008

• Docket Sheet from the U.S. Supreme Court.

Briefs: Coming Soon	Counsel of Record For Petitioner: Kenneth M. Rosenstein Office of Special Prosecutions & Appeals Anchorage, AK For Respondent: Peter J. Neufeld Benjamin N. Cardozo School of Law New York, NY
Oct | Nov | Dec | Jan | Feb | Mar | Apr | Unscheduled | Previous Terms   To view PDF files listed on this page you will need Adobe Acrobat Reader