No. 23-5549

Hope White v. Kentucky

Lower Court: Kentucky
Docketed: 2023-09-08
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: actual-innocence dna-testing due-process forensic-evidence fourteenth-amendment post-conviction post-conviction-dna-testing procedural-due-process state-created-right
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Does barring a petitioner's access to biological and forensic evidence that can be submitted for DNA testing to prove innocence—when a state-created right to post-conviction DNA testing exists—deny a petitioner procedural due process under the Fourteenth Amendment to the United States Constitution?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Does barring a petitioner’s access to biological and forensic evidence that can be submitted for DNA testing to prove innocence—when a state-created right to post-conviction DNA testing exists—deny a petitioner procedural due process under the Fourteenth Amendment to the United States Constitution? ii

Docket Entries

2024-04-30
Record returned to the Court of Appeals of Kentucky (1 envelope).
2024-04-30
Record returned to the Wayne Circuit Court, Kentucky (1 box).
2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-21
Brief of respondent Kentucky in opposition filed.
2023-10-06
Record received from the Wayne Circuit Court, Kentucky (1 box).
2023-09-29
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2023.
2023-09-28
Motion to extend the time to file a response from October 23, 2023 to November 22, 2023, submitted to The Clerk.
2023-09-27
Record received from the Court of Appeals of Kentucky (1 envelope).
2023-09-21
Response Requested. (Due October 23, 2023)
2023-09-21
Record Requested.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-12
Waiver of right of respondent Kentucky to respond filed.
2023-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2023)

Attorneys

Hope White
Miranda Jo HellmanKentucky Innocence Project, Petitioner
Kentucky
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Respondent