Criminal Law Library Blog
“On Friday, October 4, the Supreme Court agreed to hear arguments in Gutierrez v. Saenz, a case regarding death-sentenced Texas prisoner Ruben Gutierrez’s ability to sue the state for DNA testing in support of his innocence claim. The Court had issued a stay to Mr. Gutierrez on July 16, just twenty minutes before his scheduled execution. Mr. Gutierrez was convicted and sentenced to death in 1999 for the murder and robbery of an 85-year-old woman but has long maintained his innocence. Forensic evidence from inside the trailer where the killing occurred has never been tested for DNA, but the state has refused Mr. Gutierrez’s testing requests. The Court will now decide whether the Fifth Circuit was correct when it ruled that Mr. Gutierrez did not have standing to sue Texas over its refusal to give him access to DNA testing. The Court will likely hear Mr. Gutierrez’s case next spring.” Leah Roemer. Death Penalty Information Center October 9, 2024.
In his October 7, 2024 posting in VERDICT. Amherst professor Austin Sarat argues that the Gutierrez case could expand the use of DNA evidence in criminal cases and the Court “should allow Gutierrez to challenge Texas’s restrictions on post-conviction DNA testing, asserting that such limitations in death penalty cases across the country hinder the pursuit of justice and should be reconsidered”.
Click here to read Professor Sarat’s complete posting in VERDTCT: Legal Analysis and Commentary from Justia.