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District Attorney's Office v. Osborne
''District Attorney's Office for the Third Judicial District v. Osborne'', 557 U.S. 52 (2009), was a case in which the United States Supreme Court decided that the Constitution's due process clause does not require states to turn over DNA evidence to a party seeking a civil suit under 42 U.S.C. §1983.
==Background==
The case concerned the conviction of William G. Osborne on charges related to the rape and beating of a prostitute. The prostitute had been beaten with an axe handle, shot in the head, and left in an Alaskan snowbank. On a combination of eye witness testimony and DNA evidence from a condom found at the scene, Osborne was convicted of kidnapping and sexual assault. He was sentenced to 26 years in prison for these offenses. The testing method used on the condom, DQ Alpha, was a relatively inexact form of DNA testing that generally cannot narrow the perpetrator down to less than 5% of the population.
After his conviction, Osborne sought for the state's evidence to be put to Restriction Fragment Length Polymorphism (RFLP) testing according to his rights under (Alaska Statute §12.72.010(4) (2008) ) for postconviction relief, and according to his State and Federal Constitution rights. The Alaska Court of Appeals ruled Osborne had neither Federal constitutional right to postconviction testing, due to lack of precedent, nor a State constitutional right, on the basis that the other evidence of his guilt was too strong and RFLP testing was not likely to be conclusive. Alaska prosecutors do not dispute that advanced DNA testing could potentially prove Osborne's innocence beyond any doubt, but refused to allow him additional testing despite a decade-old request.
Following the refusal, Osborne filed suit, claiming the state violated his right to due process.〔See 42 U.S.C. §1983〕 In this suit, Osborne challenged the state's "deprivation of any rights . . . secured by the Constitution" and requested the DNA evidence against him be tested at his personal expense by Short Tandem Repeat (STR) analysis, a method more discriminating than both RFLP and DQ Alpha, and unavailable at the time of his trial. The State instead insisted that Osborne’s claim must be brought under 28 U.S.C. §2254, which allows a prisoner to seek “a writ of habeas corpus . . . on the ground that he is in custody in violation of the Constitution.” Oswald argued against this approach, as access to evidence, or even vindication through said access, would not automatically invalidate his conviction. The case was ultimately brought before the Supreme Court, which overturned a Ninth Circuit Court of Appeals judgement in Oswald's favor and ruled that "assuming Osborne’s claims can be pursued using §1983, he has no constitutional right to obtain postconviction access to the State’s evidence for DNA testing."
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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