The issue of whether there is a constitutional right to DNA testing for a convicted defendant who hopes to be exonerated has been placed squarely in the lap of Judge John Gleeson of the U.S. District Court for the Eastern District of New York.

The 2nd U.S. Circuit Court of Appeals has instructed Gleeson to determine whether there exists a right to post-conviction testing under the due process clause of the Fifth and Fourteenth Amendments.