The civil rights statute that Neufeld and his team used is often cited in cases of police brutality. Harvey's attorneys turned to it after previous lawyers had missed a filing deadline in the more common criminal appeals process. Neufeld argued that Harvey's right to due process was infringed on because he was denied access to potentially exculpatory evidence. It is flexible and calls for such procedural protections as the particular situation demands. But prosecutors worry that a blanket right to DNA testing will flood the courts with frivolous appeals and cause anguish to victims when long-settled cases are needlessly reopened.
Experts estimate that about half of all post-conviction DNA tests have confirmed guilt.
The long-term significance of Bryan's decision rests on the appeals courts and Congress. But a similar bill died last year, and this year's version faces serious opposition. The law 15 or even 10 years ago wasn't focused on this. Staff writer Tom Jackman contributed to this report. News Jobs AP Shopping Archives Entertain.