The Innocence Project

In an already much-criticized decision, the U.S. Supreme Court ruled 5-4 last week that Innocence Project client William Osborne could not use the federal civil rights law to obtain DNA testing for the purpose of proving his innocence of the rape for which he was convicted and sent to prison in 1994. The decision was disappointing and surprising given the broad national consensus about DNA testing's unprecedented capabilities to exonerate the innocent. But the court ultimately decided that principles of finality and deference to state law trumped fundamental fairness, even where scientific proof of actual innocence is concerned.

As a practical matter, the impact of the decision will fortunately be quite limited, at least in terms of the numbers of innocent prisoners affected. Most of our clients seeking DNA testing are able to get it through state court orders or the consent of prosecutors. The federal-court option that we sought in Osborne has been necessary only when a state has no procedure making DNA testing available, or when a defendant is for some reason excluded from applying for testing under state law (for example, some states limit their DNA testing laws to death row inmates, so that someone "only" serving life in prison cannot get testing). It is very likely that Osborne will close the federal courthouse doors to at least some innocent prisoners who cannot get testing under state law - some of whom may spend their lives in prison, or even be executed, as a result.