State v. Cheeks

Rosen, J,

dissenting: While I am sympathetic to the interests of all wrongfully convicted prisoners in taking advantage of improvements in forensic science to help demonstrate their innocence, three considerations lead me to dissent.

First, principles of constitutional analysis generally support the constitutionality of the statute as drafted. As the majority correctly points out, we must presume that a statute is constitutional and we must resolve all doubts in favor of upholding the legislation. As the majority also correctly notes, the appellant in this case does not belong to a suspect…