Monday, May 23, 2011

SCOTUS Denies Cert in USACIL-Tainted Case

As anticipated, the US Supreme Court denied cert in the Navy court-martial case of US v. Luke.  Hospital corpsman Ivor Luke sought review by the Court in hopes of overturning his 1999 conviction for indecent assault on a pregnant patient.  Luke's argument focused on the destruction of the evidence now-discredited US Army Criminal Investigation Laboratory (USACIL) analyst Phillip Mills purportedly tested for DNA in the case, arguing that the post-trial revelations about Mills' work should have sufficiently called the verdict into question such that it should have been overturned on appeal.