Skip to main content

U.S. Supreme Court Rules in Favor of Texas Death Row Prisoner Seeking DNA Testing

On June 26, 2025, the United States Supreme Court issued a rare 6 – 3 rul­ing in favor of a Texas death row pris­on­er, Ruben Gutierrez, hold­ing that he may pro­ceed with his law­suit chal­leng­ing Texas’s post-con­vic­tion DNA statute on con­sti­tu­tion­al grounds. 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 he did not know his code­fen­dants would kill the vic­tim. According to the deci­sion, ​“Gutierrez has stand­ing to bring his §1983 claim chal­leng­ing Texas’ post-con­vic­tion DNA test­ing pro­ce­dures under the Due Process Clause.” 

The Court had pre­vi­ous­ly issued a stay of exe­cu­tion to Mr. Gutierrez on July 16, 2024, just 20 min­utes before he was sched­uled to be executed.

Following the release of the Court’s deci­sion, Shawn Nolan, attor­ney for Mr. Gutierrez said that “[t]oday, Ruben Gutierrez is one step clos­er to prov­ing that he was wrong­ful­ly sen­tenced to death.” Mr. Nolan added, “[t]he Court’s deci­sion makes clear that Ruben has a legal right to chal­lenge the Texas post-con­vic­tion DNA statute which lim­its his access to DNA test­ing to show he should not have been sen­tenced to death. We trust the Cameron County dis­trict attor­ney will heed the Supreme Court’s deci­sion and pro­vide us, at long last, with access to the exten­sive foren­sic evi­dence in Ruben’s case.”

But Cameron County District Attorney Luis Saenz state­ment sug­gest­ed con­tin­ued recal­ci­trance regard­ing the Court’s deci­sion: ​“The Supreme Court’s rul­ing means the case is remand­ed to the Fifth Circuit Court of Appeals for fur­ther pro­ceed­ings. We will con­tin­ue to lit­i­gate on behalf of the vic­tim and look for­ward to the Fifth Circuit Court of Appeals, once again, deny­ing his relief. The day on which jus­tice will be served for Mrs. Harrison with Gutierrez’s exe­cu­tion will come.”

Mr. Gutierrez was con­vict­ed and sen­tenced to death for the mur­der of Escolastica Harrison, an elder­ly man­ag­er of a trail­er park who kept over $600,000 in her home due to her mis­trust of banks. Mr. Gutierrez admit­ted to par­tic­i­pat­ing in plan­ning the rob­bery but said he stayed out­side the trail­er and did not know that Rene Garcia and Pedro Gracia, his code­fen­dants, would kill her. Rene Garcia was sen­tenced to life in prison while Pedro Gracia remains at large.

Counsel for Mr. Gutierrez asked the Court to inter­vene ahead of his sched­uled exe­cu­tion because Texas had denied access to test­ing crime scene DNA under state law. They argued that var­i­ous items from the crime scene remain untest­ed and would rule Mr. Gutierrez out as the per­son respon­si­ble for the mur­der. 

For over a decade, Mr. Gutierrez sought DNA test­ing of crime scene evi­dence, includ­ing blood­stains, scrap­ings from the victim’s fin­ger­nails, and hair wrapped around her fin­ger. If DNA test­ing showed that Mr. Gutierrez was not present in the trail­er, he could still be con­vict­ed of mur­der under Texas’ law of par­ties, but it would sup­port his argu­ment that he did not actu­al­ly kill, intend to kill, or antic­i­pate a killing — which would bar the death penal­ty in his case. 

Courts reject­ed Mr. Gutierrez’s requests, cit­ing Texas’ strict post-con­vic­tion DNA test­ing law. The statute per­mits test­ing only when an indi­vid­ual can demon­strate they would not have been con­vict­ed if DNA evi­dence had been avail­able and pre­sent­ed excul­pa­to­ry results. The law pro­hibits DNA test­ing in cas­es where the results would sole­ly impact the sen­tence rather than the underlying conviction.

Mr. Gutierrez made the same legal argu­ments as Rodney Reed, anoth­er Texas death row pris­on­er who filed a §1983 law­suit against state offi­cials. Mr. Reed sued Texas because it denied him DNA test­ing, claim­ing the state’s require­ments were impos­si­ble to meet due to pros­e­cu­to­r­i­al mis­han­dling of evi­dence. In 2023, the U.S. Supreme Court ruled in Mr. Reed’s favor, say­ing he had stand­ing to chal­lenge Texas’ law. But Mr. Gutierrez got a dif­fer­ent result. The Fifth Circuit denied Mr. Gutierrez the pos­si­bil­i­ty to pur­sue his suit chal­leng­ing the poten­tial­ly uncon­sti­tu­tion­al statute because it deter­mined that even if that statute was deemed uncon­sti­tu­tion­al, pros­e­cu­tors might refuse to fol­low the court’s order.

Writing for the major­i­ty, Justice Sonia Sotomayor acknowl­edged that Mr. Gutierrez’ case large­ly mir­rors that of Mr. Reed, which ​“plain­ly estab­lish­es” that a claim could be brought for DNA test­ing. Justice Sotomayor wrote that the Fifth Circuit court erred in its deci­sion by ​“trans­form­ing” the ques­tion of relief for Mr. Gutierrez into ​“a guess as to whether a favor­able court deci­sion will in fact ulti­mate­ly cause the pros­e­cu­tor to overturn evidence.”
Put sim­ply, Reed held that a fed­er­al court order declar­ing ​‘that Texas’s post-con­vic­tion DNA test­ing pro­ce­dures vio­late due process’ would redress the prisoner’s claimed injury by ​‘eliminat[ing]’ that state prosecutor’s reliance on Article 64 as a rea­son for deny­ing DNA testing…The same is true here and the Court therefore reverses.
Justice Sonia Sotomayor, in the U.S. Supreme Court’s rul­ing in Gutierrez v. Saenz (2025)

In one of the Court’s dis­sents, Justice Samuel Alito wrote that with the majority’s rul­ing, the stan­dard set out in Mr. Reed’s case has been ​“fla­grant­ly” dis­tort­ed. He argued that under the ​“real” test, a pris­on­er fil­ing suit must ​“show that a favor­able deci­sion” would be ​“sub­stan­tial­ly like­ly” to make a pros­e­cu­tor allow DNA test­ing. 

Justice Alito also wrote that even if DNA tests did not find Mr. Gutierrez’s DNA, or even if they found an alter­na­tive suspect’s DNA, that would not prove his innocence.

Source: Death Penalty Information Center, Hayley Bedard, June 27, 2025




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde


Comments

Most viewed (Last 7 days)

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Florida death row is shrinking as executions accelerate

During the last 10 years, the number of death row inmates from Brevard county dropped from 12 down to three and soon it will likely be two. Chadwick Willacy, formerly of Palm Bay and who has spent 36 years on death row for the murder of his 58-year-old neighbor Marlys Sather, is set to be executed by lethal injection on April 21. Willacy is 56. Gov. Ron DeSantis has been setting records trying to clear as much of the death row roster as possible ― in 2025, Florida executed 19 inmates, more than twice the number of the previous high of eight in 2014. But the dwindling roster of Brevard death row inmates can also be traced to a misinterpretation by the Florida Supreme Court of a U.S. Supreme Court ruling in 2016 requiring unanimous jury recommendations regarding the death penalty.

Florida Supreme Court upholds death sentence for man who raped & killed girl, babysitter in 1990

FORT MYERS, Fla. — The Florida Supreme Court on Friday affirmed the convictions and death sentences of Joseph Zieler for the 1990 murders of an 11-year-old girl and her babysitter, clearing the way for his execution after decades of the case remaining unsolved. Zieler, 61, was sentenced to death in 2023 for the slayings of Robin Cornell and Lisa Story. The decision by the state’s highest court marks a pivotal moment in one of Southwest Florida’s most notorious cold cases, which saw no progress until a 2016 DNA match linked Zieler to the crime scene.

Iran | Execution in Ardabil

Iran Human Rights (IHRNGO); 15 April 2026: Mohammad Nourani Gargari, a man on death row for murder, was executed in Ardabil Central Prison. Simultaneously, a woman named Mona Shojaei was saved from execution and released from prison after nine years, having obtained the consent of the victim's next of kin. According to information obtained by Iran Human Rights, a man was executed in Ardabil Central Prison on 1 March 2026. His identity has been established as Mahmoud Nourani Gargari, a 31-year-old father to a young child. The Ardabil native was arrested around three years ago and sentenced to qisas (retribution-in-kind) for murder by the Criminal Court.

Texas | Death Sentence Overturned After 48 Years

The Court of Criminal Appeals ruled Thursday that Clarence Jordan’s punishment was unconstitutional  A death sentence handed down by a Harris County jury in 1978 was overturned Thursday by the Court of Criminal Appeals.  Clarence Jordan, 70, has been on Texas Death Row for almost 50 years, serving out one of the longest death sentences in the nation while suffering from intellectual disabilities and schizophrenia, his attorney told the Houston Press.