Kalir, Witmer-Rich, C|M|LAW Students File Petition for Writ of Certiorari Regarding Government Use of DNA Profile

On January 30, 2013 a team of C|M|LAW students supervised by C|M|LAW Professors Jonathan Witmer-Rich and Doron Kalir filed a Petition for a Writ of Certiorari with the United States Supreme Court. The petition seeks review of State v. Emerson, a recent Ohio Supreme Court decision holding that no person has standing under the Fourth Amendment to challenge the government ‘s use of his or her DNA profile, provided the DNA material was obtained lawfully.  The C|M|Law team filed the petition in collaboration with Mr. Emerson’s lawyer, Brian Moriarty (C|M|Law class of 1994), who represented Mr. Emerson before the Ohio Supreme Court and Court of Appeals. While the Supreme Court accepts less than 2% of the petitions it receives, the educational experience was extremely rewarding to all involved. The students on the team were Jamie Ganner, Brendan Heil, Jackie Staple, and Sarah Kendig.

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