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Man Cleared of Rape by DNA Can Pursue Evidence Claims

Aug. 29, 2017, 11:33 AM

A man whose criminal conviction was overturned because of new DNA evidence can proceed with his civil case against the DNA analyst from his criminal trial, the Sixth Circuit held Aug. 28 (Mills v. Bernard, 2017 BL 300976, 6th Cir., No. 16-6597, 8/28/17).

At this point, Randall Mills sufficiently pleaded claims for malicious prosecution and evidence suppression, Judge Danny J. Boggs wrote for the U.S. Court of Appeals for the Sixth Circuit.

Mills was convicted for the rape of his 12-year-old neighbor in 1999 and sentenced to 20 years in prison. He wound up serving 11 of them. ...