The
Wider Impact of Hank Skinner’s Case (Texas Observer. Dave Mann.
Published on: Tuesday, April 13, 2010):
"The question before the [SCOTUS] in the Skinner case is what legal process inmates should use when seeking DNA testing — a much wider issue missing from most of the media coverage of Skinner. In Texas, inmates who want access to DNA evidence must file a writ of habeas corpus, seeking to test DNA as a path to overturning their conviction. That all sounds good enough. But the problem is that there are quite a few restrictions on habeas petitions, according to legal scholars. For one, the statute of limitations is short. Second, you’re allowed to file only one habeas petition." [See Finality of Determination. 28 U.S.C. 2244]
"So if you file once, and more DNA material surfaces later, you’re out of luck. And, third, federal courts are supposed to show deference to state courts in habeas petitions. That means, federal courts can only overturn state rulings when they’re clearly unreasonable. You could argue that the rulings by Texas’ Court of Criminal Appeals are frequently unreasonable, but it’s luck of the draw whether a federal judge will see it that way."
"In other words, your chances of winning a habeas claim to access DNA evidence aren’t good in Texas. And so it’s been so far for Skinner. “It’s a significant procedural impediment to require these cases to be brought via habeas,” says
University of Texas law professor Jordan Steiker, who’s written extensively on constitutional law and the death penalty."
"But in other areas of the country, inmates can seek access to DNA evidence through federal civil rights law. That’s a real advantage because a civil rights petition is much less restrictive than habeas. For one, you can file multiple civil rights claims. And, two, federal courts don’t have to defer to state courts when considering a defendant's civil rights.
Federal appeals courts are divided on the issue. Both the 4th Circuit and 5th Circuit Court of Appeals, which covers Texas, have ruled that requests for post-conviction DNA testing must be filed through habeas petitions. Other federal circuits have ruled it a civil rights issue. When circuit courts are divided, the Supreme Court often takes a case to settle the issue—and that's where Skinner comes in."
If Skinner wins—and the Supreme Court rules that he can use civil rights law to obtain DNA evidence—it would open the door for many other inmates to obtain post-conviction DNA testing. The Supreme Court is expected to dcecide by next Monday, April 19, if it will hear Skinner’s case. If it accepts the case, oral arguments would take place next fall. If it rejects his case, Skinner could face execution again in 30 days."
