On a combination of eyewitness testimony and DNA evidence from a condom found at the scene, Osborne was convicted of kidnapping and sexual assault.

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.

The case was ultimately brought before the Supreme Court, which overturned a Ninth Circuit Court of Appeals judgement in Osborne's favor and ruled that "assuming Osborne’s claims can be pursued using §1983, he has no constitutional right to obtain postconviction access to the State’s evidence for DNA testing."

Osbourne brought this case under section 1983 without ever using procedures in filing a state or federal habeas claim relying on actual innocence.

The Court found he had not tried to use the process provided to him by the State or attempted to vindicate the liberty interest that was disputed in this case.

Justice Stevens found Osborne made full use of available state procedures in his efforts to secure access to evidence for DNA testing so that he might avail himself of the postconviction relief afforded by the State of Alaska, but that he was repeatedly rebuffed in a manner which left doubt about the adequacy of the procedural protections afforded to litigants under Alaska Stat.

§12.72.010(4), and which proved contrary to the majority assertion that Osborne could gain access to the evidence were he simply to seek it through the State's discovery procedures.