District Attorney’s Office v. Osborne

Amicus curiae brief of the American Civil Liberties Union, Rutherford Institute and National Association of Criminal Defense Lawyers in support of respondent.

Brief filed: 02/02/2009


District Attorney’s Office v. Osborne

United States Supreme Court; Case No. 08-6

Prior Decision

Case below, 521 F.3d 1118 (9th Cir. 2008).


Due process prohibits detention of a person who proves he is actually innocent of a crime, and the Due Process Clause establishes a post-conviction right to DNA evidence to prove an actual innocence claim.

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Walter Dellinger, Irving L. Gornstein, Shannon M. Pazur and Kathryn E. Tarbert, O’Melveney & Myers LLP, Washington, DC.