1. Home
  2. Browse Decisions
  3. F.3d
  4. 626 F.3d
  5. 626 F.3d 143 (2010)
 

McKITHEN v. BROWN

Docket No. 08-4002-pr.

626 F.3d 143 (2010)

Frank McKITHEN, Plaintiff-Appellee, v. Hon. Richard BROWN, District Attorney, Queens County District Attorney's Office, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 19, 2010.

Attorney(s) appearing for the Case

Drake A. Colley , Corporation Counsel for the City of New York, New York, NY, ( Edward F.X. Hart , Michael A. Cardozo , on the brief), for Defendants-Appellants.

Allen G. Reiter , Arent Fox LLP, New York, NY ( Matthew Trokenheim , Aswathi Zachariah , on the brief), for Plaintiff-Appellee.

Daniel M. Donovan , District Attorneys Association of New York State, White Plains, NY ( Anthony J. Servino , Steven A Bender , on the brief), for Amicus Curiae.

Before: CABRANES and B.D. PARKER, Circuit Judges; and UNDERHILL, District Judge.

UNDERHILL, District Judge:

This case presents the question whether the Constitution provides individuals convicted in New York the right to obtain post-conviction access to the State's evidence for DNA testing. The United States District Court for the Eastern District of New York (John Gleeson, District Judge), confronting the question as a matter of first impression on remand from this Court, held that such a right exists under the Due Process Clause of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases