Supreme Court Rules 5-4 on DNA Evidence and Age Bias

, The National Law Journal

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Supreme Court Justice Anthony Kennedy delivered a conservative-leaning swing vote in two 5-4 decisions Thursday morning. In District Attorney's Office for the Third Judicial District v. Osborne, the Court ruled that criminal defendants have no federal constitutional right of post-conviction access to DNA evidence. In Gross v. FBL Financial Services, Inc., the Court said plaintiffs in "mixed motive" ADEA cases must prove that age was the "but for" cause of the employer's action.

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