The Texas Court of Criminal Appeals just ruled in favor of Hank Skinner’s
request for DNA testing. request for a stay to determine if he should get DNA testing.
I’ll post the statement from Skinner’s attorneys once I receive it.
MORE: Here’s the language from the court order:
This is a direct appeal of the trial court’s ruling on a motion for DNA testing filed in the 31st Judicial District Court of Gray County, Cause No. 5216, styled The State of Texas v. Henry Watkins Skinner. See TEX. CODE CRIM. PROC. art. 64.05. Appellant’s execution is stayed pending the resolution of this appeal.
Texas Code of Criminal Procedure Chapter 64, which provides for DNA testing, has undergone several changes since its creation, but those changes have never been reviewed in the particular context of this case. Because the DNA statute has changed, and because some of those changes were because of this case, we find that it would be prudent for this Court to take time to fully review the changes in the statute as they pertain to this case.
Furthermore, in denying the motion for DNA testing, the convicting court has failed to enter determinations under Texas Code of Criminal Procedure article 64.03. The convicting court shall enter an order containing the relevant Article 64.03 determinations within 15 days of the date of this order. That order shall then be included within a supplemental clerk’s record, which record shall be forwarded to this Court within 30 days of the date of this order.
IT IS SO ORDERED THIS THE 7th DAY OF NOVEMBER, 2011.
So it doesn’t look like this is an order for DNA testing so much as a stay to determine whether the new law allows Skinner to get DNA testing.
MORE: Statement from Skinner’s attorney:
“The Court of Criminal Appeals with its decision today, has ensured that Mr. Skinner’s request for DNA testing will receive the thorough and serious consideration it deserves. We are grateful for the Court’s action and look forward to the opportunity to make Mr. Skinner’s case for DNA testing in that forum.”Rob Owen, attorney for Mr. SkinnerNovember 7, 2011