While plaintiff's claim that denial of access to physical evidence which was the basis for his murder conviction stated circumstances which might violate his constitutional rights, his claim was time-barred under a two-year statute of limitations which began to run on the date that a state court denied his request for access to the physical evidence for purposes of DNA testing. Savory v. Lyons, No. 06-1296 (7th Cir. November 29, 2006). [N/R]
     Arrestee had no constitutional right to pre-trial DNA testing, even though failure to do requested test allegedly delayed his release from detention for twenty-two months. Jimenez v. State of New Jersey, 245 F. Supp. 2d 584 (D. N.J. 2003). [2003 LR Jul]
     Court defers to legislature the issue of the potential constitutional right to post-conviction DNA testing for persons convicted of federal crimes and declines to fashion a broad constitutional due process right of access to DNA testing. Harvey v. Horan, 278 F.3d 370 (4th Cir. 2002) [N/R]
     Florida state DNA testing statute upheld against state constitutional privacy challenge. Requirement that all felons convicted of certain offenses undergo a DNA blood test also did not violate a juvenile felon's Fourth Amendment rights, since the public's legitimate interests in identifying the perpetrators of crime, absolving the innocent, and preventing recidivism outweighed a felon's diminished expectation of privacy. L.S. v. State of Florida, 805 So. 2d 1004 (Fla. App. 2001). [N/R]