Following the refusal, Osborne filed a claim for due process under 42 U.S.C. ยง1983, challenging a State's "deprivation of any rights... secured by the Constitution" and requested the DNA evidence against him be tested at his personal expense by Short Tandem Repeat (STR) analysis, a method more discriminating than both RFLP and DQ Alpha, and unavailable at the time of his trial.
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