skinner
switzer
district
attorney
judicial
district
texas
argued
october
decided
march
district
attorney
office
third
judicial
dist
osborne
left
unresolved
question
whether
convicted
state
prisoner
seeking
dna
testing
evidence
may
assert
claim
civil
rights
action
may
assert
claim
federal
petition
writ
habeas
corpus
texas
jury
convicted
petitioner
skinner
sentenced
death
murdering
girlfriend
sons
claimed
potent
alcohol
drug
mix
rendered
physically
unable
commit
brutal
murders
identified
girlfriend
uncle
likely
perpetrator
preparation
trial
state
tested
physical
evidence
left
untested
several
items
including
knives
found
premises
axe
handle
vaginal
swabs
fingernail
clippings
certain
hair
samples
six
years
later
texas
enacted
article
allows
prisoners
gain
postconviction
dna
testing
limited
circumstances
invoking
article
skinner
twice
moved
state
dna
testing
untested
biological
evidence
motions
denied
texas
criminal
appeals
cca
affirmed
first
denial
relief
ground
skinner
shown
required
article
convicted
exculpatory
results
obtained
dna
testing
cca
affirmed
second
denial
relief
ground
skinner
shown
required
article
evidence
previously
tested
fault
part
skinner
next
filed
instant
federal
action
injunctive
relief
naming
defendant
respondent
switzer
district
attorney
custody
evidence
skinner
like
tested
skinner
alleged
texas
violated
fourteenth
amendment
right
due
process
refusing
provide
dna
testing
requested
magistrate
judge
recommended
dismissal
complaint
failure
state
claim
reasoning
postconviction
requests
dna
evidence
cognizable
habeas
corpus
adopting
recommendation
district
dismissed
skinner
suit
fifth
circuit
affirmed
held
jurisdiction
skinner
complaint
claim
presses
cognizable
pp
federal
rule
civil
procedure
generally
requires
plausible
short
plain
statement
plaintiff
claim
exposition
legal
argument
skinner
stated
due
process
claim
paragraph
alleging
state
refusal
release
biological
evidence
testing
deprived
liberty
interests
utilizing
state
procedures
obtain
reversal
conviction
obtain
pardon
reduction
sentence
counsel
clarified
skinner
challenge
prosecutor
conduct
cca
decisions
instead
challenges
texas
postconviction
dna
statute
construed
texas
courts
pp
doctrine
bar
skinner
suit
applied
doctrine
two
cases
takes
name
rooker
fidelity
trust
district
columbia
appeals
feldman
see
exxon
mobil
saudi
basic
industries
given
narrow
ground
doctrine
occupies
confined
cases
brought
losers
inviting
district
review
rejection
state
judgments
ibid
skinner
complaint
encounters
shoal
federal
plaintiff
independent
claim
impediment
exercise
federal
jurisdiction
related
question
earlier
aired
parties
state
decision
reviewable
lower
federal
courts
statute
rule
governing
decision
may
challenged
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action
see
feldman
skinner
federal
case
challenges
adverse
decisions
texas
statute
authoritatively
construed
falls
within
latter
category
lack
jurisdiction
federal
suit
pp
measured
prior
holdings
skinner
properly
invoked
several
times
considered
state
prisoner
complaining
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state
action
may
pursue
civil
rights
claim
habeas
corpus
prisoner
sole
remedy
pathmarking
decision
heck
humphrey
concerned
state
prisoner
brought
action
damages
alleging
unlawfully
investigated
arrested
tried
convicted
held
available
remedy
award
plaintiff
favor
necessarily
imply
invalidity
conviction
see
contrast
wilkinson
dotson
held
prisoners
challenged
constitutionality
administrative
decisions
denying
parole
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proceed
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ordering
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speedier
release
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imply
invalidity
conviction
sentence
ibid
success
skinner
suit
dna
testing
necessarily
imply
invalidity
conviction
test
results
might
prove
exculpatory
outcome
hardly
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results
also
prove
inconclusive
incriminating
switzer
argues
although
skinner
immediate
aim
dna
testing
ultimate
aim
use
test
results
platform
attacking
conviction
found
case
recognized
habeas
sole
remedy
relief
sought
terminate
custody
accelerate
date
release
reduce
custody
level
contrary
fears
switzer
amici
circuits
currently
allow
claims
dna
testing
flood
litigation
seeking
postconviction
discovery
evidence
associated
questions
guilt
punishment
projected
toll
federal
courts
implausible
regarding
dna
testing
claims
osborne
rejected
substantive
due
process
basis
claims
generally
prison
litigation
reform
act
congress
placed
constraints
prisoner
suits
order
prevent
sportive
filings
cause
concern
instant
ruling
spill
claims
relying
brady
maryland
brady
announced
constitutional
requirement
addressed
prosecution
conduct
pretrial
proscribes
withholding
evidence
favorable
accused
material
guilt
punishment
cone
bell
unlike
dna
testing
may
yield
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results
successful
brady
claim
necessarily
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brady
claims
therefore
rank
within
traditional
core
habeas
corpus
outside
province
pp
switzer
several
arguments
skinner
complaint
fail
lack
merit
unaddressed
courts
ripe
consideration
remand
fed
appx
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remanded
ginsburg
delivered
opinion
roberts
scalia
breyer
sotomayor
kagan
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thomas
filed
dissenting
opinion
kennedy
alito
joined
henry
skinner
petitioner
lynn
switzer
district
attorney
judicial
district
texas
writ
certiorari
appeals
fifth
circuit
march
justice
ginsburg
delivered
opinion
granted
review
case
decide
question
presented
left
unresolved
district
attorney
office
third
judicial
dist
osborne
slip
may
convicted
state
prisoner
seeking
dna
testing
evidence
assert
claim
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rights
action
claim
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asserted
petition
writ
habeas
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mckithen
brown
claim
seeking
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testing
cognizable
savory
lyons
bradley
pryor
harvey
horan
claim
cognizable
kutzner
montgomery
county
per
curiam
wilkinson
dotson
comprehensively
surveyed
decisions
respective
provinces
civil
rights
actions
federal
habeas
petitions
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prisoner
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claim
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dotson
hold
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claim
dna
testing
properly
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suit
gains
prisoner
access
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evidence
may
prove
exculpatory
inculpatory
inconclusive
event
judgment
simply
orders
dna
tests
necessarily
impl
unlawfulness
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custody
note
however
decision
osborne
severely
limits
federal
action
state
prisoner
may
bring
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testing
osborne
rejected
extension
substantive
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process
area
slip
left
slim
room
prisoner
show
governing
state
law
denies
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due
process
see
slip
texas
jury
convicted
petitioner
henry
skinner
sentenced
death
murdering
girlfriend
twila
busby
two
sons
busby
bludgeoned
choked
axe
handle
sons
stabbed
death
murders
committed
house
busby
shared
skinner
skinner
never
denied
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house
killings
occurred
claimed
however
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large
quantities
alcohol
codeine
potent
alcohol
drug
mix
skinner
maintained
trial
rendered
physically
unable
commit
brutal
murders
charged
skinner
identified
likely
perpetrator
busby
uncle
robert
donnell
deceased
history
physical
sexual
direct
appeal
texas
criminal
appeals
cca
affirmed
skinner
conviction
sentence
skinner
state
cca
opinion
described
evidence
detail
approached
house
police
noticed
trail
blood
spots
ground
running
front
porch
fence
line
blood
smear
glass
storm
door
knife
front
porch
upon
entering
residence
police
found
twila
dead
body
living
room
floor
ax
handle
stained
blood
hair
leaning
couch
near
body
black
plastic
trash
bag
containing
knife
towel
wet
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stains
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couch
coffee
table
one
officer
proceeded
bedroom
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two
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beds
officer
found
one
dead
body
laying
face
upper
bunk
covered
blood
spotted
blanket
door
leading
bedroom
utility
room
yielded
evidence
noticed
bloody
handprint
located
inches
floor
frame
door
also
noted
bloody
handprint
door
knob
door
leading
kitchen
utility
room
handprint
knob
door
exiting
utility
room
backyard
police
arrested
skinner
hey
found
standing
closet
wearing
socks
blue
jeans
investigators
also
retained
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swabs
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busby
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trial
state
tested
blood
skinner
clothing
blood
hair
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one
victim
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cheeks
skinner
state
tex
crim
app
state
also
tested
fingerprint
evidence
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including
bloody
palm
prints
room
one
victim
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implicated
skinner
fingerprints
bag
containing
one
knives
ibid
items
left
untested
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knives
found
premises
axe
handle
vaginal
swabs
fingernail
clippings
additional
hair
samples
see
decade
following
conviction
skinner
unsuccessfully
sought
state
federal
postconviction
relief
see
skinner
quarterman
cert
denied
also
pursued
informal
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gain
access
untested
biological
evidence
police
collected
scene
six
years
skinner
conviction
texas
enacted
article
statute
allowing
prisoners
gain
postconviction
dna
testing
limited
circumstances
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code
crim
proc
art
vernon
supp
obtain
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testing
article
prisoner
must
meet
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threshold
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may
show
trial
testing
either
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available
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capable
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results
art
alternatively
may
show
evidence
previously
tested
fault
part
interests
justice
require
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order
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art
grant
motion
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must
make
findings
prime
among
movant
convicted
exculpatory
results
obtained
dna
testing
article
request
made
unreasonably
delay
execution
sentence
administration
justice
art
invoking
article
skinner
twice
moved
state
first
dna
testing
yet
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biological
evidence
see
supra
motions
denied
affirming
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skinner
first
motion
cca
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results
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skinner
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skinner
state
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trial
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ed
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afraid
dna
turn
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decision
cca
concluded
constituted
reasonable
trial
strategy
cause
skinner
next
filed
instant
federal
action
injunctive
relief
naming
defendant
respondent
lynn
switzer
district
attorney
whose
office
prosecuted
skinner
custody
evidence
skinner
like
dna
tested
skinner
complaint
alleged
texas
violated
fourteenth
amendment
right
due
process
refusing
provide
dna
testing
requested
complaint
app
magistrate
judge
recommended
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claim
upon
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app
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circuit
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adopting
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circuit
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fed
appx
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prisoner
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skinner
granted
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swierkiewicz
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skinner
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careful
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pin
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rules
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procedure
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pp
ed
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reversal
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exxon
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