Adequate mode of redress then the defendant may

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adequate mode of redress, then the defendant may petition a fed- eral court for relief through a writ of habeas corpus . 1256 When appellate or other corrective process is made available, because it is no less a part of the process of law under which a defendant is held in custody, it becomes subject to scrutiny for any alleged unconstitutional deprivation of life or liberty. At first, the Court seemed content to assume that, when a state appellate pro- cess formally appeared to be sufficient to correct constitutional er- rors committed by the trial court, the conclusion by the appellate court that the trial court’s sentence of execution should be affirmed was ample assurance that life would not be forfeited without due process of law. 1257 But, in Moore v. Dempsey , 1258 while insisting that it was not departing from precedent, the Court directed a federal district court in which petitioners had sought a writ of habeas cor- pus to make an independent investigation of the facts alleged by the petitioners—mob domination of their trial—notwithstanding that the state appellate court had ruled against the legal sufficiency of these same allegations. Indubitably, Moore marked the abandon- ment of the Supreme Court’s deference, founded upon consider- ations of comity, to decisions of state appellate tribunals on issues of constitutionality, and the proclamation of its intention no longer to treat as virtually conclusive pronouncements by the latter that proceedings in a trial court were fair, an abandonment soon made even clearer in Brown v. Mississippi 1259 and now taken for granted. 1255 Carter v. Illinois, 329 U.S. 173, 175–76 (1946). 1256 In Case v. Nebraska, 381 U.S. 336 (1965) (per curiam), the Court had taken for review a case that raised the issue of whether a state could simply omit any corrective process for hearing and determining claims of federal constitutional viola- tions, but it dismissed the case when the state in the interim enacted provisions for such process. Justices Clark and Brennan each wrote a concurring opinion. 1257 Frank v. Mangum, 237 U.S. 309 (1915). 1258 261 U.S. 86 (1923). 1259 297 U.S. 278 (1936). 2063 AMENDMENT 14—RIGHTS GUARANTEED
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The Court has held, however, that the Due Process Clause does not provide convicted persons a right to postconviction access to the state’s evidence for DNA testing. 1260 Chief Justice Roberts, in a five- to-four decision, noted that 46 states had enacted statutes dealing specifically with access to DNA evidence, and that the Federal Gov- ernment had enacted a statute that allows federal prisoners to move for court-ordered DNA testing under specified conditions. Even the states that had not enacted statutes dealing specifically with ac- cess to DNA evidence must, under the Due Process Clause, provide adequate postconviction relief procedures. The Court, therefore, saw “no reason to constitutionalize the issue.” 1261 It also expressed con- cern that “[e]stablishing a freestanding right to access DNA evi- dence for testing would force us to act as policymakers . . . . We
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