The U.S. Supreme Court has stayed the execution of Hank Skinner. He had been scheduled to be executed shortly after 6:00 pm, tonight, in Huntsville. Skinner is seeking DNA testing of evidence in his case, which his lawyers say will demonstrate his innocence.
Earlier this week the Board of Pardons and Paroles rejected a reprieve for Skinner. Governor Rick Perry had not acted on a request for a 30-day reprieve in the case when the Court issued a stay.
AP reports, "High Court Blocks Texas Execution," via the New York Times.
The Supreme Court has blocked the execution of a Texas man who says DNA testing could clear him of the triple slaying that has sent him to death row.
The justices' order Wednesday could allow Hank Skinner access to evidence that he says could demonstrate his innocence.
Lyle Denniston posts, "Execution delayed in DNA case," at SCOTUS Blog.
The Supreme Court on Wednesday evening delayed the execution in Texas of Henry W. Skinner, at least until the Court acts on his new case seeking to pursue a civil rights claim that he was denied a chance to have DNA evidence tested in an attempt to prove his innocence of a triple murder more than 16 years ago. The Court’s order blocked an execution that had been scheduled for 7 p.m. Washington time. The Court has not yet scheduled its consideration of his pending appeal (Skinner v. Switzer, 09-9000; his stay application was 09A743).
Skinner is seeking to raise an issue that the Justices had agreed to review last Term in District Attorney’s Office v. Osborne (08-6). The Court decided the Osborne case on June 18, but left unresolved that specific issue. The question is whether a state inmate seeking access to and testing of DNA evidence may pursue that claim under civil rights law (Section 1983), rather than in a federal habeas challenge.
Thanks to SCOTUS Blog, you can view the Court's order in Adobe .pdf format.
Earlier coverage begins with this post. The Hank Skinner case and issues of DNA testing will be the topic of Larry King Live tonight on CNN at 9:00 pm (EDT), 8:00 pm (CDT).
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