CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, May 3, 2007

Ohio Takes DNA Power Away From Prosecutors

From The Ohio Supreme Court on Wednesday struck down a portion of a state law that allowed local prosecutors to fully control which inmates requesting a DNA test in hopes of clearing their names were actually granted one.

Inmate advocates immediately celebrated the decision, saying it probably means more prisoners will be granted the tests and, in turn, more could be found innocent and freed from prison.

The unanimous court said a provision in Ohio's three-year-old post-conviction DNA testing law that made the local prosecutors' decision final and not appealable essentially gave prosecutors judicial powers, which is unconstitutional.  Rest of Article. . . [Mark Godsey]

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