In an important case for the right of defendants in Nebraska to seek DNA testing when it has the potential to prove their innocence, the state Supreme Court ruled Friday that two men convicted of murder – Thomas Winslow and Joseph Edgar White – had the right to DNA testing in their case.
In a unanimous opinion written by Judge Lindsey Miller-Lerman in the Winslow case, the Supreme Court said for the first time that convicted criminals who pleaded guilty or no contest have not given up their right to seek DNA testing.
In the White opinion, also unanimous and written by Miller-Lerman, the high court noted that the credibility of the witnesses testifying against White would be called into question if DNA tests showed the semen belonged neither to White nor to Winslow, but to someone else.
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. (Omaha World-Herald, 11/06/07)
The Innocence Project is not involved in the cases of Winslow and White, but has said for months that the men deserve DNA testing.
Read a September press release on the case