How Appealing explains in detail the 11th Circuit's decision yesterday that a prisoner may pursue a federal civil rights claim for access to DNA evidence that could establish his innocence.

This now creates a split in the circuits making it more likely the issue will reach the Supreme Court.

Central to the issue is whether the claim is made as a habeas petition (and therefore subject to strict limitations regarding timeliness of filing and on filing successive petitions) or as a civil rights claim. The trial court had found the inmate's civil rights claim to be the "functional equivalent" of a habeas petition. The 11th Circuit reversed, ruling the suit was properly brought as a section 1983 civil rights claim because the inmate's request for the production of DNA evidence did not attack the validity of his conviction and sentence.

The case is Bradley v. Pryor and you can read the full opinion here