In a case decided 5-4, the Supreme Court decided against an Alaskan man convicted of raping a prostitute in 1996. William Osborne claims that a condom found at the scene of the crime would exonerate him. The State of Alaska said too bad. An appeals court last year said that he had a right to ask for the DNA from it to see if the evidence would lead to proving his innocence. Alaska went to the SCOTUS, and the Supreme Court also said too bad.
Justice John Paul Stevens wrote in a dissenting opinion that the high court is blessing an arbitrary denial of evidence.