June 28, 2025
In a landmark decision, the US Supreme Court has ruled in favor of Texas death row inmate Ruben Gutierrez, allowing him to pursue a lawsuit against the state's DNA testing procedures. The 6-3 ruling, articulated by Justice Sonia Sotomayor, marks a significant step in the ongoing battle over access to potentially exculpatory DNA tests by incarcerated individuals.
Ruben Gutierrez, convicted of capital murder in 1998, has long contended that DNA evidence from the crime scene would establish his innocence by proving he was not present at the victim’s residence on the night of the murder. Despite repeated requests since 2010, Gutierrez faced continuous denials under Texas’ Article 64, which stipulates conditions under which post-conviction DNA testing can be granted.
The case reached a pivotal moment when Gutierrez filed a lawsuit under § 1983, arguing that Texas' restrictions on postconviction DNA testing infringed upon his Fourteenth Amendment rights by denying due process. Although a lower court initially sided with Gutierrez granting declaratory relief, the US Court of Appeals for the Fifth Circuit reversed this decision, citing lack of standing and redressability, prompting the Supreme Court review.
The Supreme Court's decision refutes the Fifth Circuit's conclusion, emphasizing that if the state's DNA testing procedures were found unconstitutional, it would remove the justifications preventing the testing, thus providing Gutierrez a route to potentially prove his innocence. The Court also dismissed the notion that the case was moot despite the district attorney's refusal to allow DNA testing post-judgment, stating that accepting this logic would endorse a precedent where defendants could avoid compliance through procedural tactics.
Justice Amy Coney Barrett, in her concurring opinion, criticized the Fifth Circuit for not fully considering the scope of Gutierrez's request. Meanwhile, Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch in dissent, argued that the majority misapplied precedents related to how declaratory judgments influence prosecutorial decisions. Justice Thomas additionally questioned the Court’s involvement, suggesting that the concept of "liberty" under the Fourteenth Amendment was originally intended to refer only to physical restraint.
This ruling comes at a critical time for Gutierrez, whose execution was nearly carried out on July 16, 2024, halted only minutes before the scheduled time by a previous court stay. As this case returns to the lower courts for further proceedings, it underscores ongoing debates about the rights of the convicted to access DNA testing, which could dramatically affect the outcomes of their cases. The decision not only impacts Gutierrez but sets a precedent that could influence similar cases across the United States.