The Supreme Court’s “11th hour” stay of execution issued last evening for a Texas death row inmate may give the justices another chance to revisit a key DNA testing question left unanswered last term.
The justices unanimously granted the delay one hour before Henry Skinner was scheduled to die for the 1993 murders of his girlfriend and her two adult sons. Skinner, who claims he is innocent, has sought DNA testing of bloody knives, material beneath the dead woman's fingernails, rape kit samples and other items found at the murder scene. The Court’s order will remain in effect until the justices act on Skinner’s petition for certiorari.
Skinner’s counsel, Robert Owen of the University of Texas School of Law, last night expressed relief in a statement, saying, “As a result of this action, the Court will have more time to determine whether to hear his appeal. This action suggests that the Court believes there are important issues that require closer examination. We remain hopeful that the Court will agree to hear Mr. Skinner's case and ultimately allow him the chance to prove his innocence through DNA testing.”
The main issue raised by Skinner that may have captured the Court’s attention is whether a state inmate seeking access to DNA testing of evidence may raise that claim in a Section 1983 civil rights action instead of a federal habeas petition.
In Skinner’s petition for review, Owen told the justices that seven of nine federal courts of appeals have approved of the civil rights vehicle. Two, including the U.S. Court of Appeals for the 5th Circuit which rejected Skinner’s claim, do not.
Last term, the civil rights versus habeas issue was raised in a case from Alaska-- District Attorney’s Office for the Third Judicial District v. Osborne. The Court decided Osborne on other grounds.
Skinner contends he sought access to DNA testing for a decade through state procedures and filed the civil rights claim only after those efforts failed.
His case attracted national attention after journalism students from Northwestern University reviewed it and identified potential witnesses who had never been questioned. They also found items of evidence that had never undergone DNA testing. The prosecution, however, did test other items and used the results at trial to convict Skinner.
The Texas Board of Pardons and Paroles just this week voted 7-0 to reject Skinner’s clemency request.
Owen and lawyers for the state of Texas have completed briefing in Skinner’s Supreme Court case, and the justices could scheduled it for one of their conferences in the next few weeks.
Another great success of science.
Posted by: DNA examiner | March 28, 2010 at 12:24 PM