Supremes: Requiring access to DNA evidence "Not our job"

(Via NPR)

The Supreme Court ruled Thursday that people convicted of a crime do not have the right to obtain DNA testing on evidence to prove their innocence.

The 5-4 decision involved the case of William Osborne, an Alaska man convicted of assault, kidnapping and sexual assault in 1993. Although the victim identified Osborne as one of her two attackers, court documents said her identification was tentative because her eyesight was poor and the assault happened at night.

In 2001, Osborne asked the state court for access to the evidence to obtain advanced DNA testing that was not available during the time of his original trial. Ultimately, he filed suit in federal court, saying the state of Alaska had no provision for post-conviction DNA testing.

Chief Justice John Roberts wrote in his majority opinion that Osborne should have exhausted his avenues for appeal in the Alaska courts. In addition, he said defendants have no freestanding right to DNA testing under the Constitution's Due Process Clause.

In other words, there may be a requirement that you have access to DNA evidence after your conviction, but it won't be coming from us.

Here's a fun game: Without reading the opinion - guess which justices signed on with Chief Justice Roberts?