Forensic testing.

Professor Tillers has this interesting post on his blog.

In Brown v. Perlman, 2008 U.S. Dist. LEXIS 37546 at n. 41 (May 8, 2008), Judge Magistrate Peck said:

     A prosecutor’s failure to conduct forensic tests does not violate a federal constitutional right. See, e.g., Arizona v. Youngblood, 488 U.S. 51, 58-59 (1988).

My hope is that a reconstituted United States Supreme Court will someday reexamine Youngblood and will study how the judiciary, under a due process umbrella, can oversee pretrial investigation in criminal cases to enhance the accuracy of criminal adjudication.

     Lest ye forget: Youngblood was the case in which the prisoner, denied a constitutional remedy by the Supreme Court, was eventually exonerated — after 18 or so years in the slammer — by a new DNA test.

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