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Supreme Court Allows Texas Inmate to Challenge State DNA-Testing Law

The 6-3 ruling leverages a 2023 precedent to clear the way for Gutierrez’s effort to test DNA evidence he contends will show he did not kill Escolastica Harrison

FILE - The Supreme Court is seen on Capitol Hill, Feb. 27, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)
Supreme Court Justice Clarence Thomas is seen before swearing in Pam Bondi as attorney general in the Oval Office at the White House in Washington, D.C. on February 5, 2025.
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The U.S. Supreme Court building at sunset on Nov. 10, 2020.

Overview

  • By a 6-3 vote, the justices reversed a Fifth Circuit decision and allowed Gutierrez to pursue a federal civil rights lawsuit challenging Texas’s DNA testing procedures.
  • Justice Sonia Sotomayor wrote that Gutierrez’s suit is indistinguishable from Reed v. Goertz, with dissenters Alito, Thomas and Gorsuch warning it could undermine standing requirements.
  • Gutierrez, convicted under the law of parties for the 1998 robbery and stabbing of Escolastica Harrison, maintains he never entered her home and that DNA tests would confirm his claim.
  • Texas courts blocked his 2011 DNA testing request and the Fifth Circuit ruled that even a favorable ruling would not compel prosecutors to release the evidence.
  • The Supreme Court granted stays of execution in June 2020 and July 2024, enabling Gutierrez’s ongoing efforts to access forensic samples that he says could exonerate him.