Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

District Attorney’s Office v. Osborne

  • The argument will be heard on March 2, 2009.
  • Issue: Does the Due Process Clause give a defendant the right to access a state’s biological evidence after he has been convicted?
  • Background: In 1994, William Osborne was convicted of assault and rape. While he did not match the victim’s description of the perpetrator, he was convicted because his DNA matched the DNA found in the condom that was used in the crime. However, the type of DNA used to match Osborne to the condom is found in one out of every six or seven African-Americans. Now Osborne wants access to the DNA so that he can use a more reliable DNA test to attempt to prove his innocence.



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