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Skinner v. Switzer : ウィキペディア英語版 | Skinner v. Switzer
''Skinner v. Switzer'', , is a legal dispute that was decided by the U.S. Supreme Court. The case concerns the route by which a prisoner may obtain biological DNA material for testing, to challenge his conviction; whether through a civil rights suit or a habeas corpus petition. A majority of the Court held that the civil rights path was the appropriate path. == Background == Skinner was convicted of murdering his girlfriend in 1995, and sentenced to death. The Texas Court of Criminal Appeals (CCA) affirmed.〔http://www.abanet.org/publiced/preview/briefs/pdfs/09-10/09-9000_Respondent.pdf〕 On March 26, 1998, Skinner filed a petition for a writ of habeas corpus in Texas courts. It was subsequently dismissed as untimely and the CCA affirmed. In 1999, he filed a federal habeas petition. At the same time, he began pushing for DNA testing of materials in the original case by the District Attorney's office. The testing was conducted by a private office and resulted in mixed results; however Skinner wanted what he called 'independent' testing.〔http://www.abanet.org/publiced/preview/briefs/pdfs/09-10/09-9000_Petitioner.pdf〕 He filed claims in Texas court for his own DNA testing but his attempts did not succeed. He also filed a second successive federal habeas petition demanding DNA testing of ''all'' evidence; this was an independent claim as well as a basis for a claim of ineffective assistance of counsel (his attorney did not request DNA testing of certain evidence at trial). A federal magistrate held a hearing, rejected the petition, which a district judge eventually confirmed. The Fifth Circuit Court of Appeals affirmed. The Supreme Court entered a stay of execution and granted a writ of certiorari to hear the case.〔http://www.supremecourt.gov/orders/courtorders/052410zor.pdf〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Skinner v. Switzer」の詳細全文を読む
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