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Criminal Matters, Including Death Row Inmate's Section 1983 Claim

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By FindLaw Staff on April 19, 2010 3:34 PM

Durr v. Cordray, No. 10-3463 concerned a death row inmate's 42 U.S.C. section 1983 suit challenging Ohio's denial of access to  certain physical evidence for purposes of DNA testing.  Although district court's determination that the action is second or successive habeas petition was in err, defendant's motion for a temporary restraining order or a preliminary injunction staying his execution is denied as even if he were to prevail on his section 1983 claims, he would not be entitled to a stay of his execution.

US v. Carey, No. 09-3399, involved a challenge to the district court's denial of defendant's petition for an order to expunge his conviction for conducting an illegal gambling business.  In affirming the denial, the court held that because Congress's prohibition on felon possession of firearms is constitutional, it follows that the burdens associated with congressionally-created expungement exception in U.S.C. section 921(a)(20) do not violate the Second Amendment. 

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