Court to decide on convict's right to test DNA
National News
The Supreme Court will decide whether, years after his conviction, a defendant has a constitutional right to test genetic evidence found at the crime scene.
The justices, in an order Monday, accepted the appeal of prosecutors in Alaska. They asked the court to overturn a federal appeals court ruling in favor of William Osborne, who was convicted of rape, kidnapping and assault in an attack on a prostitute in 1993.
The woman was raped at gunpoint, beaten with an ax handle, shot in the head and left for dead in a snow bank near the Anchorage International Airport.
Osborne admitted his guilt under oath to the parole board in 2004. Another man also convicted in the attack has repeatedly identified Osborne as having participated in the crimes. The testing would be done on a condom and hairs found by investigators.
The 9th U.S. Circuit Court of Appeals, based in San Francisco, said Osborne has a right to subject the evidence to advanced DNA testing that was not available at the time of his trial.
Forty-four states and the federal government have laws that give convicts access to DNA testing, but Alaska does not.
Osborne urged the court to reject the appeal, saying that because so many states have laws on the topic, it rarely arises in federal court.
Prosecutors argued that even if testing determines that the hairs and sperm are not Osborne's, other evidence introduced at his trial is sufficient to leave his conviction in place. That matter is not before the high court.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.