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Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson
Post-Conviction Access To A State's Forensic Dna Evidence For Probative Testing: Not A Freestanding Constitutional Right, Dorothea Thompson
Tennessee Journal of Law and Policy
In District Attorney's Office v. Osborne, the United States Supreme Court addressed the central issue of whether Respondent William Osborne should have a "freestanding and far-reaching constitutional right of access" to the State's deoxyribonucleic acid ("DNA") evidence for the purpose of post-conviction relief. Osborne asserted this constitutional right of access under the federal civil rights statute, 42 U.S.C. § 1983, rather than proceeding through a writ of habeas corpus under 28 U.S.C. § 2254. The United States District Court for the District of Alaska initially dismissed the respondent's claims, holding that an application for habeas corpus constituted the proper mechanism …
Transcript: One Advocate's 'Junk Science' Is Another Advocate's Evidence: Forging New Paths In Forensic Science
Tennessee Journal of Law and Policy
No abstract provided.
A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum
A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum
Tennessee Journal of Law and Policy
For decades, aircraft pilots have been using preflight and approach-to-landing checklists rather than relying on their memory to ensure that everything has been done in its proper sequence. The use of this tool gives pilots the ability to fly their aircrafts safely and according to an established procedure. Similarly, most trial attorneys employ witness checklists during the in-court examination of their witnesses to ensure that all of the witnesses' evidence has been fully presented and their exhibits have been properly marked and received in evidence. It is the intent of this presentation to suggest the use of another evidentiary checklist …
Evolving Trends In Forensic Science, Margaret A. Berger
Evolving Trends In Forensic Science, Margaret A. Berger
Tennessee Journal of Law and Policy
This address will focus on the 2009 report ("the Report") of the National Academy of Science Research Council ("NRC"), which was commissioned by Congress to look at evolving trends in forensic science. Understanding what is happening in the forensic sciences is very complicated because of the wide variations that exist in different jurisdictions. There are federal laboratories, state or regional laboratories, county laboratories, and municipal laboratories. Almost all public crime laboratories examine controlled substances, and many examine firearms and tool marks. A majority of laboratories also screen biological samples, usually in preparation for DNA analysis, and examine forms of trace …