Today the Ninth Circuit rejected an attack on the California statute providing for DNA testing of prison inmates. It's pretty straightforward, given the Ninth's prior rejection of an attack on the similar federal statute in United States v. Kincade, 379 F.3d 813 (2004) (en banc). The case is Hamilton v. Brown, 09-15236.
The case was previously named Hamilton v. Lockyer. The court notes in a footnote, "Edmund G. Brown Jr. is substituted for his predecessor as Attorney General of California pursuant to Fed. R. App. P. 43(c)(2)." Except the opinion is dated today, and Brown is no longer Attorney General as of yesterday.
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