CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Thursday, March 25, 2010

Execution stay in DNA case

ScotusBlog has the story on Skinner v. Switzer here:

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.  Skinner’s lawyers contend that he has tried unsuccessfully to use Texas state procedures for DNA testing, so his only remaining chance to get it is through a civil rights claim.

http://lawprofessors.typepad.com/crimprof_blog/2010/03/execution-stay-in-dna-case.html

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