Justices : Judges may not use federal civil rights law to get advanced DNA testing . Osborne 's legal team said that under a section of the Civil Rights Act of 1871 , he has a right to such evidence in the government 's possession when making a `` free-standing '' claim of innocence . Some states have laws requiring post - conviction access to such evidence . William Osborne was sentenced two years ago for murdering an Alaska woman .
Justices : Judges may not use federal civil rights law to get advanced DNA testing . Some states have laws requiring post - conviction access to such evidence . William Osborne was sentenced two years ago for murdering an Alaska woman .