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October 13, 2010, the Supreme Court heard oral argument in Skinner v. Switzer. The question in this case is whether a convicted prisoner seeking access to biological evidence for DNA testing may assert that claim in a civil rights action under 42 U.S.C. § 1983 or whether such a claim may be asserted only in a petition for a writ of habeas corpus.

To discuss the case, we have Evan A. Young, who is an attorney in Texas. Mr. Young is counsel of record on an amicus brief in support of the respondent.

 

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