No. 23-5549
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
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 Hellman — Kentucky Innocence Project, Petitioner
Kentucky
Matthew Franklin Kuhn — Office of Attorney General of Kentucky, Respondent