untested DNA

Apanovitch v. Houk (10/19/06 - No. 94-3117)
Denial of a 1991 habeas petition in a death penalty case is reversed in part and remanded, pursuant to a Brady claim, in light of the state’s apparent failure to provide potentially exculpatory materials to defendant prior to the filing of his petition, and of the untested nature of certain DNA evidence. The remainder of the district court's order is affirmed over remaining Brady claims, a claim of insufficient evidence, and challenges to the admission of certain witnesses. http://caselaw.lp.findlaw.com/data2/circs/6th/943117p.pdf
Spisak v. Mitchell (10/20/06 - No. 03-4034)
Denial of a petition for writ of habeas corpus in a death penalty case is reversed in part as to denial of claims that: 1) petitioner's trial counsel rendered ineffective assistance during the mitigation phase of his trial; and 2) unanimity and “acquittal-first” jury instructions infringed petitioner's constitutional rights. http://caselaw.lp.findlaw.com/data2/circs/6th/034034p.pdf