Early Wednesday evening, the United Stated Supreme Court issued an order delaying the execution of Henry W. Skinner, a death row inmate in Texas pending a decision on Skinner’s Petition for Certiorari. The execution will be delayed at least until the Court decides his Petition stemming from his pursuit of a federal civil rights claim which asserts he was denied a chance to obtain DNA testing of evidence to prove his innocence of a triple murder for which he was convicted more than 16 years ago. His execution was originally scheduled for Wednesday at 6:00 p.m. EST.

According to the website SCOTUSblog:

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.

Read the full story and find the link to the Court’s order HERE.

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