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Supreme Court finds no constitutional right to post-conviction DNA evidence testing

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Supreme Court issued opinions in four cases Thursday. The Court ruled 5-4 in District Attorney's Office v. Osborne that a defendant does not have the right to obtain post-conviction access to the state's biological evidence in order to do DNA testing. The US Court of Appeals for the Ninth Circuit ruled that Osborne had a right to access the evidence against him on appeal, under Section 1983 and the Fourteenth Amendment's Due Process clause, even though his lawyer made a strategic read more

Full post as published by JURIST - The Paper Chase on June 18, 2009 (boomark / email).