OSBORNE v. DIST. ATTY'S OFFICE FOR THIRD JUDICIAL

No. 06-35875.

521 F.3d 1118 (2008)

William G. OSBORNE, Plaintiff-Appellee, v. DISTRICT ATTORNEY'S OFFICE FOR the THIRD JUDICIAL DISTRICT; Adrienne Bachman, District Attorney, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2008.


Attorney(s) appearing for the Case

Nancy R. Simel, Assistant Attorney General, Anchorage, AK, for defendant-appellant.

Peter J. Neufeld and Colin Starger, Innocence Project, Benjamin N. Cardozo School of Law, New York, NY; Randall S. Cavanaugh, Kalamarides & Lambert, Anchorage, AK; and Robert C. Bundy, Dorsey & Whitney LLP, Anchorage, AK, for plaintiff-appellee.

Before: ALFRED T. GOODWIN, MELVIN BRUNETTI, and W. FLETCHER, Circuit Judges.


BRUNETTI, Circuit Judge:

William Osborne, an Alaska prisoner, brought this action under 42 U.S.C. § 1983 to compel the District Attorney's Office in Anchorage to allow him post-conviction access to biological evidence — semen from a used condom and two hairs — that was used to convict him in 1994 of kidnapping and sexual assault. Osborne, who maintains his factual innocence, intends to subject the evidence, at his expense, to STR and mitochondrial...

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