(Ohio) Prosecutors' lose power over DNA testing

[Eugene]

Source: Associated Press

Prosecutors' lose power over DNA testing

By ANDREW WELSH-HUGGINS, Associated Press Writer
Wed May 2, 1:33 PM ET

COLUMBUS, Ohio - A law giving prosecutors the final say on
whether an inmate can apply for DNA testing is unconstitutional
because that authority is meant for judges, a unanimous Ohio
Supreme Court ruled Wednesday.

The ruling overturned a portion of a state law that allows inmates
who pleaded guilty to crimes to request DNA testing after their
conviction.

At issue was a provision that allowed prosecutors to reject those
requests with no chance for inmates to appeal that disagreement.

The justices said lawmakers can't pass laws that limit the courts'
ability to determine guilt in criminal cases. The ruling also said
lawmakers can't give the executive branch — in the form of
prosecutors — the power to exercise judicial authority.

-snip-

Read more: http://news.yahoo.com/s/ap/20070502/ap_on_re_us/dna_testing_2

[sinkingfeeling]

1. Maybe Ohio is awakening after all these years.

[Joanne98]

2. Yes!

[mainegreen]

3. Hey, that's great news!

:applause: