Top court agrees to hear two cases

Published: Nov. 3, 2008 at 6:10 PM

WASHINGTON, Nov. 3 (UPI) -- The U.S. Supreme Court Monday agreed to hear whether a state prisoner can access DNA evidence when appealing his conviction by filing a civil rights claim.

The court also agreed it would decide whether a seaman could sue for punitive damages if the shop owner or operator refused to pay benefits after the worker is injured, Scotusblog.com reported.

In the DNA evidence case, District Attorney's Office vs Osborne, William Osborne was charged in Alaska with kidnapping, sexual assault and physical assault. His attorney decided to forgo independent DNA testing of the state's biological evidence. Osborne was convicted and later sought access to the biological evidence for purposes of new DNA testing. The issue the judges will decide is whether a previous court decision created a right of access at trial or whether it can apply in a post-conviction proceeding.

In the second case, Atlantic Sounding, et al vs Townsend, the justices will consider whether an injured seaman may recover punitive damages for the willful failure of his employer to pay a basic living allowance, wages that he otherwise would have earned, and benefits to cover medical expenses.

© 2008 United Press International, Inc. All Rights Reserved.
Order reprints



Additional News Stories
NHL: Minnesota 2, Calgary 1 (OT) (18 min)
COL BKB: Western Ky. 76, Vanderbilt 69 (43 min)
NBA: San Antonio 104, Charlotte 85 (46 min)
NHL: Colorado 2, Tampa Bay 1 (SO) (48 min)
NBA: Oklahoma City 102, Memphis 94
NHL: Detroit 3, Anaheim 2 (OT)
NBA: Cleveland 104, Portland 99
fark
What is best in life? To break into Dad's museum and steal $20M worth of paintings. Fark: with a...
Hawaiian man tries to euthanize his terminally ill wife by shooting her with buckshot. If he'd used...
Bird-shaped restaurant headed for auction. Owners not expecting to tern a profit, but admit they...
Town that is $8 million in debt: "You guys want a Christmas tree? Fine, there's one in the park...
I have no idea what you're talking about, so here's a picture of a man stroking frenzied tiger sharks...
You can't get an H1N1 shot because ... (shakes magic 8 ball) ... it's too cold to ship it anywhere...