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OSBORNE v. DISTRICT ATTORNEY'S OFFICE FOR THIRD

No. 3:03-CV-0118-RRB.

445 F.Supp.2d 1079 (2006)

William G. OSBORNE, Plaintiff, v. DISTRICT ATTORNEY'S OFFICE FOR THE THIRD JUDICIAL DISTRICT, ANCHORAGE, ALASKA; Susan A. Parkes, District Attorney, in her official capacity; Anchorage Police Department, Anchorage, Alaska; Walt Monegan, Anchorage Police Department. Defendants.

United States District Court, D. Alaska.

August 3, 2006.

Attorney(s) appearing for the Case

Randall S. Cavanaugh, Kalamarides & Lambert Incorporated, Robert C. Bundy, Dorsey & Whitney, Anchorage, AK, Colin Starger, Peter J. Neufeld, Benjamin Cardozo School of Law Innocense Project, New York City, for Plaintiff.

Nancy R. Simel, Attorney General's Office, Anchorage, AK, for Defendants.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT

BEISTLINE, District Judge.

I. INTRODUCTION

Before the Court are Cross-Motions for Summary Judgment (Docket Nos. 76 & 107), which present the issue of whether Defendants have a federal constitutional right to subject potentially exculpatory evidence to post-conviction deoxyribonucleic acid (DNA) testing...

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