Removing the Veil: How to Get Creative with Discovery (Network Members Only)

Location: Maverick
Date: Sat, April 9
Time: 10:45 AM - 12:00 PM

We all know how to request records under various FOIA statutes, but there is often so much more that we can do to obtain different categories of information and even testing. This panel attempts to answer the questions, “What is left of due process claims after Osborne?” and “How can you get forensic testing that is not in your state's DNA testing statute?” Let's talk strategy on how to litigate your way into a private laboratory for DNA testing, to get fingerprints analyzed, and even to get some documentary discovery. We will discuss what due process arguments, state habeas statutes, and discovery rules can be employed to obtain more discovery that will support innocence claims and habeas claims. We will discuss both the theoretical possibilities and the nuts and bolts of what we have done to obtain what the government continues to insist we cannot have. This session is open to Network members only.

301: Advanced