Morrison v. Peterson

In a 42 U.S.C. section 1983 action challenging the constitutionality of California Penal Code section 1405, which allows for DNA testing of evidence after a defendant’s conviction, the district court’s dismissal of plaintiff’s complaint is affirmed where section 1405’s remedy is not illusory and the section’s provisions are consistent with Dist. Attorney’s Office for Third Judicial Dist. v. Osborne, 557 U.S. 52 (2009).