An inmate convicted of murder and sent to prison in 2002 for 65 years might have a glimmer of hope for DNA testing in his case based on a decision Wednesday by the 5th U.S. Circuit Court of Appeals. <\/p>\n
Instead of dismissing William Harris' civil rights claim, a Houston federal judge should have given him the opportunity to amend his complaint to \"state his best case,\" according to the federal appellate court's opinion issued Wednesday. <\/p>\n
Harris, 48, has filed lawsuits in various courts claiming his constitutional rights were violated because the Harris County D.A. would not use DNA testing on evidence in his case. <\/p>\n
According to the appeals court opinion, district courts should not dismiss pro se complaints - those filed on one's own behalf without a lawyer - \"without first providing the plaintiff an opportunity to amend, unless it is obvious from the record that the plaintiff has pled his best case.\" <\/p>\n
In September 2002, a Harris County jury found Harris guilty of the strangulation of his wife, Wenona Lynn Morris-Harris, 29. <\/p>\n
The Texas Court of Appeals affirmed the conviction in 2004. The state appeals court also denied two motions for post-conviction DNA testing. <\/p>\n
Sued D.A. Pat Lykos <\/p>\n
In 2006, Harris filed a habeus corpus petition in federal court challenging the conviction, based on the lack of DNA testing, and was denied relief. <\/p>\n
Then last year, Harris sued then-Harris County District Attorney Pat Lykos, accusing her of denying him due process by repeatedly refusing to seek or recommend DNA testing of evidence. <\/p>\n
The case was dismissed by U.S. District Judge Lynn Hughes less than three weeks later. <\/p>\n
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Link: An inmate convicted of murder and sent to prison in 2002 for 65 years might have a glimmer of hope for DNA testing in his case based on a decision Wednesday by the 5th U.S. Continue reading
\nCourt ruling could mean DNA testing for convicted murderer<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"