Supeme Court Rules TX Inmate Can Sue For DNA Testing
The Supreme Court, in an opinion by Justice Ginsburg, has ruled that Hank Skinner, a Texas inmate, can sue under the federal civil rights act , for refusal to grant his request for DNA testing. The case is Skinner v. Switzer, and the opinion is here. The dissenting justices were Thomas, Scalia and Kennedy.
Texas enacted a law in 2001 allowing post-conviction DNA testing in certain circumstances. Skinner's request was refused by prosecutors who said he should have asked earlier.
Skinner sued under the Civil Rights Act (Section 1983) alleging Texas's statute violated his due process rights. The TX appeals court said his only remedy was a habeas petition. Today, the Supreme Court disagreed, stressing their ruling was narrow and would not open any floodgates (or as Justice Ginsburg put it, even cause any rainfall.) [More...]
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