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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.
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Court Again Denies DNA Tests in Swearingen Case

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Larry Swearingen
Larry Swearingen
The Texas Court of Criminal Appeals for the second time Wednesday reversed a state district judge’s order that would have allowed East Texas death row inmate Larry Swearingen to test DNA from evidence in his murder case.

Swearingen, 44, was convicted of kidnapping, raping and killing 19-year-old Melissa Trotter, then a Lone Star College student in 1998. 

He was sentenced to death in 2000. His execution date has been set and stayed multiple times.

The death row inmate has argued that he couldn’t have killed Trotter because he was in jail when she was murdered, and DNA testing would prove that someone else committed the crime. 

State District Judge Kelly Case twice granted Swearingen’s requests for evidence to be tested. 

Montgomery County prosecutors appealed each time, and now, the state’s highest criminal court has sided with the state again.

Each time, the court ultimately has ruled that results from DNA testing would not have overcome the “mountain of evidence” establishing Swearingen's guilt.

Source: Texas Tribune, Jonathan Silver, October 28, 2015

Report an error, an omission: deathpenaltynews@gmail.com
Location: Texas, USA
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