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Cunningham v. District Attorney's Office for Escambia County

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Before BLACK and CARNES, Circuit Judges, and RESTANI,*fn1 Judge.

Dewayne S. Cunningham is an Alabama prisoner serving a life sentence after having been convicted in 1996 of rape in the first degree. A decade after he was convicted, eight years after his conviction became final at the end of the direct appeal process, and following more than half a dozen separate attacks on his conviction in state and federal court, Cunningham filed a 42 U.S.C. § 1983 lawsuit. This lawsuit, brought on Cunningham’s behalf by the Wisconsin Innocence Project, seeks an order requiring Alabama authorities to send certain evidence to a forensic laboratory of Cunningham’s choice for DNA testing. He hopes that the results will show that he is innocent.

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