DAVIS

v.

UNITED STATES

Citator

Cited By

• L.S. v. State, 805 So. 2d 1004 (Fla. 1st DCA 2001)
  …s been addressed by courts in other jurisdictions,7 in each of which the court has applied the “rational basis” test and has found the DNA statute at issue constitutional. In Gaines v. State, 998 P. 2d 166 (Nev.2000), cert. denied, Gaines v. Nevada, 531 U.S. 856, 121 S.Ct. 138, 148 L.Ed.2d 90 [*1008] (2000), the court specifically rejected the argument that it should apply a “strict scrutiny” test because the Nevada DNA statute implicated the defendant’s fundamental right to privacy, finding that “a convict…

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