Monthly Archives: June 2014

The Curious Case of Douglas Prade: How an Appellate Court Reversed a Finding of “Actual Innocence”

Author: Cameron Downer, Associate Member, University of Cincinnati Law 

On the morning of November 26, 1997, Dr. Margo Prade was brutally murdered in the parking lot of her medical office. At some point during the murder, the assailant bit Margo through her blouse and lab coat. Her husband, Akron Police Captain Douglas Prade, was indicted for the murder. At trial, the key piece of physical evidence was the bite mark. However, the limitations of then-existing DNA technology could only conclusively identify Margo’s own DNA on the bite mark. The remaining evidence at trial was inconclusive. At the end of the trial, Prade was convicted and sentenced to life in prison.[1]

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The Burden of Applying Casey’s “Undue Burden” Standard

­Author: Ryan Goellner, Blog Editor, University of Cincinnati Law Review

After expedited consideration of an injunction of Texas’s now (in)famous House Bill 2 (H.B. 2),[1] in late March the Fifth Circuit Court of Appeals upheld the law’s regulation of abortion providers as comporting with the constitutional protections of a woman’s right to have an abortion.[2] In its strongly-worded order reversing the district court’s permanent injunction of the law in Planned Parenthood v. Abbott, the Fifth Circuit meticulously applied two familiar Supreme Court abortion cases, Planned Parenthood v. Casey[3] and Gonzales v. Carhart,[4] concluding that the Texas law was rationally based and did not impose an undue burden on women seeking abortions in Texas. Although appellate review has settled the Texas case for now, the Fifth Circuit’s intense scrutiny of H.B. 2, applying the reasoning of Casey and Gonzales to the trial court’s findings, reveals the new judicial frontier of the abortion battleground: using constitutional case law to evaluate the validity of detailed regulations of abortion providers that push at the outer limits of Roe v. Wade’s original abortion protections.[5]

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