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 on 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.
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