SUPREME DECISIONS  Thursday, November 6, 2008

DNA testing has helped prove the innocence of numerous convicted felons. In many of these cases, the technology and testing wasn't available when they went to trial. Although an overwhelming majority of states in the union grant convicted felons access to DNA testing on evidence years after a crime was committed, there are still six that do not. The Supreme Court will now decide if it is a constitutional right every state must grant.

The case resulted when an Alaskan man, William Osborne, sued the state for the right to have evidence tested that could overturn his kidnapping, rape and assault convictions. The U.S Court of Appeals for the 9th Circuit referred it to the highest law of the land since the lower appeals courts are divided on the constitutionality of requesting evidence testing post-conviction.

[LA Times]

---

*Add New Comment:

Email Address: Display Name: Comment:

* Your Email Address will not be published and your comment
will need to be approved before it is visible on the site.
All fields are required.