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Criminal

Sep. 20, 2011

Lawyers concede DNA profiling case may be moot

Lawyers for defendant Jerry A. Pool advised the 9th Circuit that they now believe his appeal over the constitutionality of arrestee DNA profiling should be dismissed because the issue became moot when he pleaded guilty to a sex crime.

By John Roemer
Daily Journal Staff Writer

Reversing course Friday in a controversial DNA case before the 9th Circuit, lawyers for defendant Jerry A. Pool advised the court that they now believe his appeal over the constitutionality of arrestee DNA profiling should be dismissed because the issue became moot when he pleaded guilty to a sex crime that underlay the profiling matter.

If the circuit judges agree, they can call off the en banc oral argument set for Tuesday...

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