JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Monday, March 07, 2011

Supreme Court allows death row inmate to access DNA testing
Jaclyn Belczyk at 11:16 AM ET

Photo source or description
[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday ruled [opinion, PDF] 6-3 in Skinner v. Switzer [Cornell LII backgrounder; JURIST report] that a convicted prisoner seeking access to biological evidence for DNA testing may assert a civil rights claim under Section 1983 [text]. Texas death row inmate Henry Skinner filed a § 1983 claim seeking access to DNA evidence that he believes will prove his innocence. The US Court of Appeals for the Fifth Circuit affirmed [opinion, PDF] a district court decision to dismiss Skinner's claim, stating that relief could only be sought through habeas corpus. Reversing the Fifth Circuit, Justice Ruth Bader Ginsburg wrote for the majority:
[W]e hold that a postconviction claim for DNA testing is properly pursued in a § 1983 action. Success in the suit gains for the prisoner only access to the DNA evidence, which may prove exculpatory, inculpatory, or inconclusive. In no event will a judgment that simply orders DNA tests "necessarily impl[y] the unlawfulness of the State's custody."
Justice Clarence Thomas filed a dissenting opinion, joined by Justices Anthony Kennedy and Samuel Alito.

Skinner was convicted and sentenced to death in 1995 for the murders of his live-in girlfriend, Twila Busby, and her two sons. He claims that, while he was in the house at the time the murders occurred, he was incapacitated by large quantities of alcohol and codeine. He has identified Busby's uncle as the possible murderer and believes that DNA evidence will exonerate him.




Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 New Bolivia law allows president to run for third term
4:08 PM ET, May 21

 Guatemala court voids ex-dictator Rios Montt's genocide conviction
3:37 PM ET, May 21

 UN urges Afghanistan to approve women's rights legislation
9:02 AM ET, May 21

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org