Skinner update

By Walter M. Reaves Jr.

Good news for Hank Skinner came yesterday from an unlikely source -- the Supreme Court. The ruling had nothing to do with the merits of Skinner's conviction. Instead it came out of a civil rights suit that had been filed to force the state to allow DNA testing.
 
Last year the Supreme Court accepted for review, and heard arguments in a case where the defendant had been prevented from testing evidence. The case was settled at the last minute, and the speculation was that it was done in order to avoid an adverse ruling. The court then accepted another case which is now pending.
 
How long this stay will last, or whether it will ultimately benefit of Skinner is an open question. Texas has a post-conviction statute which allows DNA testing in certain situations. So far the courts have held that he does not meet the statutory requirements. The issue will be whether there is a constitutional right to test evidence that is greater than the statute. It would be surprising if the court answered that in his favor.
 
Nevertheless, Skinner avoided execution. Perhaps as important, Gov. Perry avoided having to rule on Skinner's request for a delay.

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