Supremes considering a hearing on part of the lacrosse fiasco.

The Supreme Court has not denied cert on all the lacrosse cases, according to the Herald-Sun. Ryan McFadyen, Breck Archer and Matt Wilson, since graduated, filed suit against Duke and Durham alleging they were illegally forced to submit to DNA testing. This is one of the stronger claims filed. Apparently, there are four justices willing to hear their appeal from the 4th Circuit. For readers not familiar with the ins and outs of the lacrosse fiasco, McFadyen, Archer and Wilson were forced by a process called a non-testimonial order to give DNA samples. Under NC law, the non-testimonial order is not contemplated as a mass discovery tool. There is supposed to be probable cause for each peron required to obtain a NTO (non-testimonial order). The Superior Court, granted the NTO for 46 people who were at the lacrosse party on the night of March 13-14, 2006 with no probable cause. Indeed, disbarred DA Mike Nifong admitted the DNA samples would clear the innocent. That's not probable cause. None the less, the Superior Court granted the order. In fact, it did clear the innocent. Unfortunately, Nifong ignored the evidence and proceeded against three innocent men.