Whether a State may curtail a protected interest in DNA testing arbitrarily

QUESTION PRESENTED After trying for many years, Willie Manning was finally given access to biological evidence, including hairs that were introduced at trial and used against him, for DNA testing. He and the State agreed to a facility for testing, but no one could know whether DNA profiles could be developed from the samples. When the first laboratory found most of the hair samples too small or degraded to develop a profile, Manning asked for the hairs to be sent to a facility with greater capability to develop profiles on those types of samples. The state courts denied the request, which raises the following question: Ifa State creates a protected interest in DNA testing, may it curtail that right arbitrarily? il