This amicus brief was written in support of a Petition for Writ of Certioari where the Supreme Court of Montana concluded that the DNA provision was constitutional, but that it did not allow for the revival of previously expired claims. Issues include whether Montana’s law permits revival of expired criminal statutes of limitations when DNA evidence is present; whether DNA evidence can both convict the guilty and spare the innocent of a false conviction; and whether allowing prosecution in cases with newly-discovered DNA evidence violates the ex post facto clause. The final opinion is Tipton v. Mont. Thirteenth Jud. Dist. Ct., 421 P.3d 780 (Mont. 2018).
BRIEF OF AMICUS CURIAE re. MONTANA v. TIPTON
November 8, 2018
SUPREME COURT OF THE UNITED STATES
Case No. 18-444