Skinner v. Switzer

Both the federal district court and the United States Court of Appeals for the Fifth Circuit dismissed Skinner's case for failure to state a claim because post-conviction requests for DNA evidence only fall within the jurisdiction of the court when raised by a writ of habeas corpus. Because Ski...

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Bibliographic Details
Published in:The Urban lawyer 2011-07, Vol.43 (3), p.902-903
Main Author: Ray, Jennifer
Format: Article
Language:English
Subjects:
Case Notes
Deoxyribonucleic acid
DNA
DNA fingerprinting
Evidence
Federal court decisions
Genetic testing
Habeas corpus
Jurisdiction
Prisons
State courts
Statutory law
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Summary:Both the federal district court and the United States Court of Appeals for the Fifth Circuit dismissed Skinner's case for failure to state a claim because post-conviction requests for DNA evidence only fall within the jurisdiction of the court when raised by a writ of habeas corpus. Because Skinner is questioning a statute as construed by the Texas courts and not the decision, federal jurisdiction is appropriate.
ISSN:0042-0905
1942-6593