Prosecutors’ Lose Power Over DNA Testing

By ANDREW WELSH-HUGGINS

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.

Determining guilt in a criminal matter "is solely the province of the judicial branch of government," Justice Terrence O’Donnell wrote for the court.

The ruling also said the rest of law would stand.

The case involved an appeal by Cameron Sterling, a child rapist from Ashtabula County. He also said the law wrongly treated inmates who plead guilty differently than those convicted at trial.

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On the Net:

State Supreme Court: http://www.sconet.state.oh.us/