District Attorney's Office v. Osborne

The defendant was convicted of rape based, in part, on DNA evidence introduced at trial by the prosecution. Testing methods at the time, however, were relatively crude. Years after his conviction, defendant requested access to the DNA evidence so that it could be retested using more sophisticated techniques that had been developed. In its amicus brief, the ACLU argues that the Constitution bars the state from imprisoning someone who is actually innocent, even assuming the trial was otherwise fair, and that the state has an obligation to turn over DNA evidence upon request because of its unique capacity to establish actual innocence.