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Student Post - Will the Victim Have a Role in the Osborne Case?

By Corey Rayburnyung

On Monday, March 3, the Supreme Court heard oral arguments in District Attorney's Office for the Third Judicial District, et al. v. Osborne.  The Court is considering two questions on certiorari: 1) whether Osborne may use 1983 as a discovery device to obtain post-conviction access to the state's biological evidence when he has no pending substantive claim for which that evidence would be material; and 2) whether Osborne has a due process right to obtain post-conviction access to the state's biological evidence when the claim he intends to assert - a freestanding claim of innocence - is not legally cognizable.These facts are from Osborne v. State, 2005 Alas. App. LEXIS 17 (Alask. Ct. App. 2005). On March 22, 1993, respondent Osborne was one of two men who sexually assaulted K...continue to full post

Full post as published by Sex Crimes on March 09, 2009 (boomark / email).