New York Judge Finds Constitutional Right to DNA Evidence: Eugene Volokh at Volokh Conspiracy has a post on yesterday's decision in McKithen v. Brown. The decision came out of the U.S. District Court for the Eastern District of New York. It recognizes a constitutional right to DNA evidence for filing a clemency petition. Volokh cites to a portion of the opinion to demonstrate the basis of the decision. According to Judge John Gleeson, "The Petition Clause ... secures a right of meaningful access to whatever avenues remain, and the Due Process Clause confers a procedural right of access to evidence for DNA testing, if the testing can be accomplished at little cost and exculpatory results would undermine confidence in the outcome of the trial." McKithen was remanded to the Eastern District Court by the Second Circuit back in March 2007. Doug Berman's 2007 post at Sentencing Law and Policy can be found here.

The Right to Allocution in California: Today at Sentencing Law and Policy Doug Berman reports on the California Supreme Court's decision in People v. Evans. Evans addressed whether before sentencing a convicted defendant had the right to make an unsworn personal statement in mitigation of punishment. In 1994, one California Court of Appeal said yes, in In re Shannon B. (1994) 22 Cal.App.4th 1235 (Shannon B.). Today's decision by the California Supreme Court gives the criminal defendant the right to make a statement in mitigation before sentencing, but "only while under oath and subject to cross-examination by the prosecutor." Berman also provides the link to the San Francisco Chronicle article on the case.