Court Holds There is a Due Process Right to Post-Conviction Access to Evidence for DNA Testing

On Monday, Judge John Gleeson of the U.S. District Court for the Eastern District of New York issued an opinion concluding that "the Due Process Clause of the Fourteenth Amendment grants a convicted offender access to physical evidence for the purpose of DNA testing if it can be performed with negligible cost to the state and exculpatory results would undermine confidence in the outcome of trial."  [Mike Mannheimer]