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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

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.