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)

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Two Germans to be caned, jailed for Singapore train graffiti

"Singapore: Disneyland with the death penalty" A Singapore court sentenced two Germans to nine months in prison and three strokes of the cane on Thursday after they pleaded guilty to breaking into a depot and spray-painting graffiti on a commuter train carriage. Andreas Von Knorre, 22, and Elton Hinz, 21, both expressed remorse while being sentenced in the state courts of the island republic. “This is the darkest episode of my entire life,” said Von Knorre. “I want to apologise to the state of Singapore for the stupid act ... I’ve learnt my lesson and will never do it again.” Hinz added: “I promise I will never do it again. I want to apologise to you, and my family for the shame and situation I’ve put them into.”  Both were dressed in prison uniform — a white T-shirt and brown trousers with the word “Prisoner” down the sides and on the back. They spoke to the court in English. Singapore sentences hundreds of prisoners to caning each year as part of a syst...

Indiana | ‘Dignity’ is a poor excuse for blocking press access to state executions

Indiana law says that the press has no right to be present when the state carries out executions. It limits those who can attend to the warden of the prison where the execution is carried out, immediate family members of the crime victim, no more than five friends or relatives of the convicted person, the prison physician, and the prison chaplain. Only if an inmate selects a member of the press as one of the five friends may they attend.

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Florida death row inmate wants DeSantis to attend his pending execution

Dennis Michael Sochor is scheduled to be put to death Tuesday, the 29th person executed by the state in the past 19 months. Dennis Michael Sochor, convicted of strangling an 18-year-old woman he met at a New Year’s celebration in a Broward County bar 44 years ago, is scheduled to die by lethal injection Tuesday at Florida State Prison. His last wish? To have Gov. Ron DeSantis personally observe his execution up close and personal.