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Supreme Court Allows Texas Inmate to Challenge DNA Testing Law

Drawing on its ruling in Rodney Reed’s case, the court said Gutierrez may seek DNA tests that attorneys contend would prove he did not enter the victim’s home

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)
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The U.S. Supreme Court building at sunset on Nov. 10, 2020.

Overview

  • The 6-3 majority opinion, authored by Justice Sonia Sotomayor, overturned a Fifth Circuit decision that had blocked Gutierrez’s standing to sue under Texas’s post-conviction DNA statute.
  • Gutierrez’s legal team argues that no forensic evidence tied him to the 1998 killing of 85-year-old Escolastica Harrison and that new testing could establish he was not a principal in her murder.
  • He has been on death row for more than 25 years and twice received last-minute stays of execution, including one in July 2024 just before a scheduled lethal injection.
  • The ruling extends the high court’s 2023 precedent in Reed v. Goertz, which similarly permitted a death row inmate to seek DNA testing under due process protections.
  • In his dissent, Justice Samuel Alito warned that expanding standing could enable inmates to delay executions and complicate judicial proceedings, a view joined by Justices Thomas and Gorsuch.