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

By the Associated Press

Posted Jun 18, 2009 9:54 AM CDT

(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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COMMENTS
Showing 3 of 7 comments
MarkFL
Jun 18, 2009 8:30 AM CDT
This says a lot about the constitutional philosophy of the right wing justices. The tests are so simple and they could exonerate hundreds more. Anyone who was convicted on DNA should be allowed to test. Period. The right is actually opposed to everything!
sache
Jun 18, 2009 4:22 AM CDT
Why am i not surprised. It's really bad when the highest court in the land rules you can't use a sure method to prove your innocence. This court is way too far to the right. Look at their lastest rulings. Are they following an idealogy or the law? I have a feeling that is the real reason the ultra right is bitching about Obama's nominee. Not right wing enough .The court may actually move a little to the center with Sotomayer. One big hissy fit time for the ultra right if that happens.
cfbailey
Jun 18, 2009 4:21 AM CDT
I truly don't get this one....the convicts pay for the testing...what is the harm in that?

Copyright 2012 Newser, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AP contributed to this report.

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