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NO RIGHT TO DNA TESTING

By "Captain Liberty" and "Rumpole"

?No State shall . . . deprive any person of life, liberty, or  property, without due process of law.?*  U. S. Const., Amdt. 14, §1; accord Amdt. 5.*(But the Supreme Court can....)In case you missed it, the US  Supreme Court ruled 5-4  last week that it doesn't matter  if you're innocent and in prison- a prisoner has no constitutional right to a DNA test of the evdience.   CJ Roberts (motto: "calling those balls and strikes as he sees em" ) wrote for the majority and Justice Stevens wrote a dissent.   The Osborne decision is here.CJ  Roberts believes that certain state interests trump the "right" (if there is one) to be released from prison when wrongfully convicted: Roberts wrote:The  dilemma is how to harness DNA?s power to prove innocence without unnecessarily overthrowing the established  system of criminal justice...continue to full post

Full post as published by Justice Building Blog on June 23, 2009 (boomark / email).