Supreme Court Takes Up Dna Case Today

03.02.09 | FL News Team

The U.S. Supreme Court will hear arguments today on whether prisoners have a constitutional right to test DNA if it might help prove them innocent. The case to be considered was brought by an Alaska inmate who thinks testing crime-scene DNA could help overturn his 1993 conviction on a rape charge.

The prisoner, known only as Mr. Osborne, did not have a criminal record when he was found guilty of assaulting an Anchorage woman. Prosecutors at his trial had used a very early form of DNA testing that couldn't actually identify who DNA belonged to with any accuracy.

Osborne's effort to have more modern testing done by Alaska was turned down by the state's courts but a federal appeals court ruled in his favor. Many court watchers think the highest court in the land will back that decision up.