Ruben Gutierrez wanted to test DNA evidence in his case after his conviction, but Texas law put up a high wall. The state said you have to prove you’re innocent before you can even ask for new DNA testing. That rule wasn’t about whether the test would show who did it, but about who gets to make the request in the first place. This approach reflects Texas’s legislative choice to reserve DNA testing primarily for challenges to wrongful convictions, rather than to reduce capital sentences for those who participated in the crime but may not have been the actual killer.
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