HUSSKE v. COM.

Record No. 951880.

476 S.E.2d 920 (1996)

252 Va. 203

Paul Josef HUSSKE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 13, 1996.


Attorney(s) appearing for the Case

Steven D. Benjamin, Richmond (Betty Layne DesPortes; Steven D. Benjamin & Associates, on briefs), for appellant.

Michael T. Judge, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, LACY, HASSELL and KEENAN, JJ., and POFF, Senior Justice.


HASSELL, Justice.

The primary issue we consider in this appeal is whether an indigent defendant has made the particularized showing necessary to require the Commonwealth, under the Due Process and Equal Protection clauses of the Fourteenth Amendment of the federal Constitution, to supply at its expense a DNA expert to assist the defendant.

I.

Paul Josef Husske was convicted in a bench trial of breaking and entering with intent to commit rape and...

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