Frank McKITHEN, Plaintiff-Appellant,
v.
Richard BROWN, District Attorney, County of Queens, New York, Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: October 3, 2006.
Decided: March 13, 2007.
Attorney(s) appearing for the Case
Janet Carter and Anne K. Small, Wilmer Cutler Pickering Hale and Dorr LLP, New York, N.Y. (Paul A. Engelmayer and Christopher J. Meade, on the brief) (Larry W. Yackle, Boston University School of Law, Boston, MA, on the brief) (Daniel J. Meltzer, Cambridge, MA, of counsel), for Plaintiff-Appellant.
Drake A. Colley, Assistant Corporation Counsel, for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, N.Y. (Leonard Koerner and Edward F.X. Hart, of counsel), for Defendant-Appellee.
Before: CALABRESI, KATZMANN and B.D. PARKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
CALABRESI, Circuit Judge:
Eighty-four years ago, Judge Learned Hand observed that "[o]ur procedure has been always haunted by the ghost of the innocent man convicted," but posited, optimistically, that "[i]t is an unreal dream." United States v. Garsson, 291 F. 646, 649 (S.D.N.Y.1923). Today, with the advance of forensic DNA technology,1 our desire to join Learned Hand's optimism has given...
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