No one convicted of a crime in Alaska has ever been able to get a DNA test after trial, according to a brief filed by Mr. Osborne’s lawyers, and no state law says that prisoners must be given them. Next month, the United States Supreme Court
will hear Alaska prosecutors argue that Mr. Osborne got a fair trial and does not have a constitutional right to such tests. The City of New York filed a friend-of-the-court brief in December that supported Alaska’s position. The city does not want the Supreme Court to declare that prisoners have a constitutional right to testing because New York already has a statute that allows it.