Access to DNA evidence

October 11, 2010
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When it’s a matter of life or death, wouldn’t you want to be sure – really sure – that you had convicted the correct person of murder? Especially when that person has been sentenced to die for the crime?

One of the Indianapolis news stations ran a short story about the Texas case, Skinner v. Switzer, No. 09-9000, which the Supreme Court of the United States will hear Wednesday. Skinner’s on Texas’ death row and the nation’s highest court stopped his execution earlier this year to take a look at his case.

The issue – if Skinner can sue in a civil rights claim to get access to DNA evidence for testing or whether this can only be asserted in a petition for writ of habeas corpus.

The news piece said Skinner had been convicted in 1995 of killing his girlfriend and her two adult sons. He always maintained his innocence and wants DNA tests done on the blood and other biological evidence found at the crime scene. According to his brief before the court, only the blood stains on his clothes were tested.

The argument against letting him have access to the evidence for testing is that he had the chance to have it tested at trial, but didn’t do so, and he didn’t meet a key requirement – sufficient evidence to prove his innocence – to be eligible for additional testing under Texas law. There’s also the belief that last year’s SCOTUS ruling in Osborne prevents Skinner’s attempt at testing the evidence. In Osborne, a 5-4 court ruled the man had no right to pay for a DNA test to prove his innocence and allowing him to do so would risk overthrowing the established system of criminal justice.

I was confused when Osborne came down and I’m still puzzled as to why our court system wouldn’t want to make sure that they’ve got the right person when it comes to people on death row? Maybe it’s because I’m not a lawyer and don’t know all the procedures when it comes to DNA testing. Perhaps someone reading this blog can help me understand, but if the evidence exists, and it’s not going to cost the state anything to test it, why not do it to be sure? We read cases all the time of people who sat in prison for years only to be exonerated later on. See today’s daily for an example of that. Why not allow Skinner the chance for testing?

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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