US SUPREME COURT DELVES INTO SAENZ'S HANDLING OF DEATH PENALTY CASE. CONSERVATIVE JUSTICE APPEAR TO BE SIDING WITH DEATH PENALTY INMATE

The issue is a common one.   Does the criminal defendant have a right to the DNA evidence?  These cases waste so much judicial resources.  Justice Sotomayor raised the question of why would a DA refuse to release DNA evidence?

What reason would Saenz ever have to refuse disclosure of evidence? None

DNA is an interesting thing in law.  In these old cases the DNA was not tested, so no one looked for it.  So, it is not a question of denying the criminal defendant evidence going into trial.

The issue is denying the criminal defendant the evidence in post-conviction proceedings.

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