In today's installment of the government's continued erosion of individual rights...

WASHINGTON — Prisoners have no constitutional right to DNA testing that might prove their innocence, the Supreme Court ruled on Thursday in a 5-to-4 decision.

The case cited could seemingly be appealed based on incompetent representation. The defendant's lawyer declined to use the testing when it was available during trial.

-janelane

WASHINGTON — Prisoners have no constitutional right to DNA testing that might prove their innocence, the Supreme Court ruled on Thursday in a 5-to-4 decision.

This is an interesting case in that I can see both sides of the issue.

“After conviction,” Justice Alito added, “with nothing to lose, the defendant could demand DNA testing in the hope that some happy accident — for example, degradation or contamination of the evidence — would provide the basis for seeking postconviction relief.”

Is this concern reasonable - can DNS evidence degrade in a way that is both undetectable and which generates incorrect results.