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3. DNA

Maryland v. King, USSC No. 12-207, 6/3/13 United States Supreme Court decision, reversing King v. State, 425 Md. 550, 42 A.3d 549 (2012) In a decision validating the collection of DNA from at least some persons before they are even convicted of a crime, a divided Supreme Court has concluded that when officers make an arrest supported… Read More

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Question Presented (from cert petition): Does the Fourth Amendment allow the States to collect and analyze DNA from people arrested and charged with serious crimes? Docket Lower court opinion (King v. State, 425 Md. 550, 42 A.3d 549 (2012)) Scotusblog page Under Maryland law, DNA Collection Act, Md. Code Ann., Pub. Safety §2-504, an arrestee’s DNA can be collected and submitted… Read More

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State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant  Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10      Unless a person consents to giving a sample of his or her… Read More

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State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the… Read More

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Green v. Berge, 354 F. 3d 675 (7th Cir. 01-4080, 1/9/04) Issue/Holding: The Wisconsin law, § 165.76 et seq., was passed in 1993. In its original form, only prisoners convicted of certain offenses were required to give DNA samples for analysis. In 1999, the law was amended to require that all persons convicted of felonies… Read More

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