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SUNDAY, NOVEMBER 22, 2009
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12

Convicts Don't Have Right to Test DNA: Supreme Court

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(AP) – The Supreme Court said today that convicts have no constitutional right to test DNA evidence in hopes of proving their innocence long after they were found guilty of a crime. The court ruled 5-4, with the conservative justices in the majority, against William Osborne, an Alaska man convicted in a brutal attack on a prostitute 16 years ago. But the decision may have limited impact because the federal government and 47 states already have laws that allow convicts some access to genetic evidence.

"To suddenly constitutionalize this area would short-circuit what looks to be a prompt and considered legislative response," Chief Justice John Roberts wrote for the majority. But Justice John Paul Stevens said in dissent that a simple test would settle the matter. "The court today blesses the state's arbitrary denial of the evidence Osborne seeks," Stevens said.

Members of the Supreme Court await the arrival of President Barack Obama prior to his address to a joint session of Congress in the House Chamber of the Capitol in Washington , Tuesday, Feb. 24, 2009.
Members of the Supreme Court await the arrival of President Barack Obama prior to his address to a joint session of Congress in the House Chamber of the Capitol in Washington , Tuesday, Feb. 24, 2009.   (AP Photo/Charles Dharapak)
In this March 5, 2009 file photo, the Supreme Court Building is seen in Washington.
In this March 5, 2009 file photo, the Supreme Court Building is seen in Washington.   (AP Photo/J. Scott Applewhite, FILE)
Convicts don't have the right to DNA evidence testing, the Supreme Court has decided.
Convicts don't have the right to DNA evidence testing, the Supreme Court has decided.   (Shutterstock)
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12 comments
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Reader64481089
Jun 18, 09 9:56 AM CDT
Gezzzzzzzzzzz, over 230 people SET FREE proving the verdict wrong and now the high court says basically "tough luck a-hole, die in prison for something you did not do because you are to much trouble" Yes, this damn court needs someone on the left who can actually see an injustice. Reply
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+15
IN RESPONSE:
Rob
Jun 18, 09 10:26 AM CDT
DNA exonerations are actually very low. But yes, innocent people in prison is a terrible price.
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+10
kirei_gaisuto
Jun 18, 09 10:30 AM CDT
What the shit? They can't retest something that wasn't a reliable test at the time? What bullcrap. And you're right Rob, they are low. But if DNA evidence frees just one innocent person, it's worth it. Reply
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+14
doingtherightthing
Jun 18, 09 10:43 AM CDT
follow the money trail that always leads to bad decisions.........who bought the judges? To much game playing in our court system it needs a major overhaul.............. Reply
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-4
IN RESPONSE:
Altoecko
Jun 18, 09 11:19 AM CDT
Like Sotomayer. :P
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-5
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