High Court may consider DNA testing case

WASHINGTON, Nov. 2 (UPI) -- The U.S. Supreme Court could review a ruling that, if it stands, would likely accelerate the use of post-conviction DNA evidence testing, observers say.

In the case, the state of Alaska, which doesn't allow such DNA testing, is in federal court opposing a convicted rapist who says he has a constitutional right to have the evidence in his case tested, the Washington Post reported Sunday.

The U.S. Court of Appeals for the 9th Circuit ruled earlier that convict William Osborne has such a right. The administration of Alaska Gov. and Republican U.S. vice presidential nominee Sarah Palin has appealed the ruling to the high court, which could decide as early as Monday whether to review it, attorneys said.

If the ruling stands, it could put pressure on the remaining six states such as Alaska that don't allow post-conviction DNA testing to do so.

"People would be able to say, 'Look, I have a federal right to testing; federal courts have to enforce my right and so do state courts,'" David Kaye, an Arizona State University law professor, told the Post. "It would encourage judges at all levels to give orders requiring such testing."