JONES v. MURRAY

No. 91-6057.

962 F.2d 302 (1992)

Lawrence R. JONES; Dempsey Orndoff; Glen Averill; Raymond Lyons; Charles Harris; Richard Jones, Plaintiffs-Appellants, v. Edward W. MURRAY, Director of Department of Corrections; Paul B. Ferrara, Director of Division of Forensic Science, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1992.

As Amended April 27, 1992.


Attorney(s) appearing for the Case

Harold Jonathan Krent, Post Conviction Assistance Project, University of Virginia School of Law, Charlottesville, Va., argued (James T. McLaughlin, Philip J. Paseltiner and Pamela Vernon, Third-Year Students, on brief), for plaintiffs-appellants.

Mark Ralph Davis, Asst. Atty. Gen., Public Safety & Economic Development Div., Richmond, Va., argued (Mary Sue Terry, Atty. Gen., on brief), for defendants-appellees.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.


OPINION

NIEMEYER, Circuit Judge:

Section 19.2-310.2 of the Virginia Code, effective July 1, 1990, requires convicted felons to submit blood samples for DNA analysis "to determine identification characteristics specific to the person" and provides for the creation of a data bank of the information for future law enforcement purposes. Six inmates have challenged the statute's constitutionality, contending that it authorizes the involuntary extraction of blood...

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