HARVEY v. HORAN

No. 01-6703.

278 F.3d 370 (2002)

James HARVEY, Plaintiff-Appellee, v. Robert F. HORAN, Jr., Commonwealth's Attorney, County of Fairfax, Defendant-Appellant. Jennifer Thompson; Karen R. Pomer; Jeri Elster, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 23, 2002.


Attorney(s) appearing for the Case

ARGUED: Jack L. Gould, Fairfax, Virginia, for Defendant-Appellant. Peter J. Neufeld, The Innocence Project, New York, New York, for Plaintiff-Appellee. ON BRIEF: Barry C. Scheck, The Innocence Project, New York, New York; Lisa B. Kemler, Zwerling & Kemler, P.C., Alexandria, Virginia, for plaintiff-Appellee. John D. Cline, Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Albuquerque, New Mexico, for Amici Curiae.

Before WILKINSON, Chief Judge, and NIEMEYER and KING, Circuit Judges.


Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER joined. Judge KING wrote an opinion concurring in part and concurring in the judgment.

OPINION

WILKINSON, Chief Judge.

James Harvey, a Virginia prisoner, seeks a constitutional right of access to DNA evidence under 42 U.S.C. § 1983. The district court found that Harvey had a due process right of access to the DNA evidence and a right...

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