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)

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term.   STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

Florida | 49 years on death row, killer of Bonita Springs teen learns death date

A Fort Myers man on death row for nearly five decades learned his execution date as Gov. Ron DeSantis signed his order Thursday, July 30. Harold Gene Lucas, then 24, shot and killed his 16-year-old girlfriend, Anthia Jill Piper in Bonita Springs on August 14, 1976. Lucas was 24 when he was charged in Piper's shooting death at her parents' home on Aug. 14, 1976. The execution is set for Sept. 1 in a state that has accelerated its pace under DeSantis the past two years, with a record of 19 executions in 2025. Piper was shot seven times by Lucas, who claimed to be intoxicated.

Idaho | How Bryan Kohberger’s Guilty Plea Move Could Be His Death Sentence

If Bryan Kohberger successfully withdraws his guilty plea and goes to trial for the murders of four University of Idaho students, it could lead to him being sentenced to death, experts told Newsweek . Kohberger, 31, filed a handwritten petition on Monday from the Idaho Maximum Security Penitentiary, where he is serving four consecutive life sentences for the murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen in a rental home near the university's campus in Moscow, Idaho, in 2022. Kohberger pleaded guilty to the fatal stabbings just over a year ago, a month before jury selection was set to start.

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder.  Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state.  Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis. 

Saudi Arabia | New Executions of Ethiopian Migrants

At Least 17 Executed for Non-Lethal Drug-Related Offenses in 2026 (Beirut) – Saudi authorities executed five Ethiopian migrants for nonlethal drug-related offenses on July 27, 2026, without due process, Human Rights Watch said today. Saudi authorities have executed at least 17 Ethiopian nationals since the beginning of 2026 on drug-related charges. At least 79 more remain at imminent risk of execution on similar charges. Saudi authorities have executed at least 116 people in 2026 as of July 27, according to the European Saudi Organization for Human Rights.

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

Iran erects iron gallows in Isfahan protest square

An iron gallows has been erected in an Isfahan square where protests erupted in January. Families of several of the 10 remaining prisoners sentenced to death have been summoned for farewell visits. An iron gallows erected in Ali-Khani Square in the central Iranian city of Isfahan has raised fears that the regime is preparing to publicly execute protesters arrested during nationwide demonstrations in January. Sources who spoke with Iran International said large numbers of security forces had been deployed in the area, while the families of several prisoners sentenced to death had been summoned to the prison for farewell visits.

Texas | New Evidence Challenges Rodney Reed Death Penalty Conviction

AUSTIN, Texas — Nearly three decades after Rodney Reed was sentenced to death for the rape and murder of Stacey Stites, prosecutors and law enforcement officials are urging Texas’ highest criminal court to fully examine new evidence they argue raises serious questions about his conviction before the state carries out an irreversible punishment. Fair and Just Prosecution, joined by the Law Enforcement Action Partnership and 29 current and former prosecutors and law enforcement officials, filed an amicus brief urging the Texas Court of Criminal Appeals to fully review new evidence in Reed’s death penalty case, according to an FJP press release.