By ADAM LIPTAK

William G. Osborne sought more discriminating DNA testing after his conviction.

WASHINGTON — Prisoners have no constitutional right to DNA testing that might prove their innocence, the Supreme Court ruled on Thursday in a 5-to-4 decision.

The court divided along familiar ideological lines, with the majority emphasizing that 46 states already have laws that allow at least some prisoners to gain access to DNA evidence.

"To suddenly constitutionalize this area," Chief Justice John G. Roberts Jr. wrote for the majority, "would short-circuit what looks to be a prompt and considered legislative response."

The case before the court concerned Alaska, which has no DNA testing law. Prosecutors there have conceded that such testing could categorically establish the guilt or innocence of William G. Osborne, who was convicted in 1994 of kidnapping and sexually assaulting a prostitute in Anchorage.

In a dissent, Justice John Paul Stevens said the Constitution's due process clause required allowing Mr. Osborne to have access to DNA evidence in his case.

"For reasons the state has been unable or unwilling to articulate," Justice Stevens wrote, "it refuses to allow Osborne to test the evidence at his own expense and to thereby ascertain the truth once and for all."

Chief Justice Roberts acknowledged the "unparalleled ability" of DNA testing "both to exonerate the wrongly convicted and to identify the guilty." Such testing has played a role in 240 exonerations, according to the Innocence Project at Cardozo Law School, which represents Mr. Osborne. In 103 of those cases, the testing also identified the actual perpetrator.

Peter Neufeld, a director of the project, said Thursday's decision would have pernicious consequences.

"It's unquestionable that some people in some states who are factually innocent will not get DNA testing and will languish in prison," Mr. Neufeld said. "Some of them will die in prison."

http://www.nytimes.com/2009/06/19/us/19scotus.html?_r=1

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