Prosecutorial Power over DNA Tests Blocked
Posted May 2, 2007 2:21 PM CDT
By Debra Cassens Weiss
The Ohio Supreme Court has struck down a law that allowed prosecutors to reject requests for DNA testing by some inmates.
The court said prosecutors, who are part of the executive branch, cannot be given the power to exercise judicial authority, according to the Associated Press. The law had barred inmates who pleaded guilty or no contest to an offense from appealing a prosecutor’s adverse DNA decision.
The law violates the constitutional scheme of separation of powers, according to the May 2 ruling (PDF).