You Are a Defense Attorney Defending a Client Against a Murder

Multiple Choice

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. A month after the conviction, you discover that a DNA sample was found at the crime scene and was never tested. You believe that it might exonerate your client. Unfortunately, the appellate court rejects your petition, citing the case of District Attorney v. Osborne . The decision in this case held that

A) convictions must be immediately appealed in order to be considered.
B) the prosecution is not required to share evidence that might point to innocence.
C) DNA evidence is not admissible.
D) defendants do not have a constitutional right to DNA testing.