Posted On: June 20, 2009
SAN DIEGO CRIMINAL DEFENSE: NO CONSTITUTIONAL RIGHT TO DNA TESTING
The defendant here wants DNA testing, but asked for it in the context of a civil rights lawsuit. The majority says that the defense seeks a free-standing constitutional right to DNA testing, and they aren't creating one. So big deal.
Of note is a concurring opinion, signed by three justices, saying that if the defendant decides not to do DNA testing pre-trial for tactical reasons, that defendant has no constitutional right to DNA testing post conviction.
But check out the dissent by Stevens, which clearly shows that the majority's position here is nonsense.
District Attorney v. Osborne; 2009 DJ DAR 8847; DJ, 6/19/09; US Supremes
