Saturday, February 06, 2010

Pending Legal Actions for Hank Skinner

Henry Watkins Skinner
Set to be Executed February 24, 2010
Huntsville, Texas

Pending Legal Actions
Henry W. Skinner vs. Rick Thaler, Director TDCJ-CID
This is an appeal from Mr. Skinner's inital federal habeas claims
U.S. Supreme Court, Case No. 09-7784
Docket information is available online at
A decision by the Supreme Court is Pending

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Henry W. Skinner vs. Lynn Switzer, District Attorney
This is a federal lawsuit to compel Ms. Switzer to release previously untested DNA evidence
U.S. District Court Case No. 2:09-CV-281
U.S. District Court dismissed this lawsuit on Jan. 20, 2010.
U.S. District Court dismisses Motion to Stay Execution on Feb. 2, 2010
Click here to see U.S. Distict Court Order Dismissing Stay of Execution

Appealed Lynn Switzer lawsuit to 5th Circuit on Jan. 21, 2010
U.S. Court of Appeals for 5th Circuit Case No. 10-70002
U.S. Court of Appeals for the 5th Circuit denied appeal on Jan. 28, 2010.
Click here to see Unpublished 5th Circuit Opinion Order
Click here to see 5th Circuit Judgment
Click here to see 5th Circuit Mandate

An appeal to the Supreme Court of the United States is forthcoming

Executive Clemency Applications
Mr. Skinner filed two Applications for Executive Clemency. One application was for a 90-day Reprieve from Execution. The other application was for a Commutation from Death Sentence to life in prison. Each application went to the Governor of Texas and to the Texas Board of Pardons and Paroles. PDFs of each application, and the associated Appendices, are available below.
90-day Reprieve from Execution Mr. Skinner requests to postpone the execution for 90 days. He desperately wants to test vital untested crime-scene DNA evidence. He is confident that such DNA testing will prove his innocence. He requests 90 days to have this testing done. Also, if the courts have not resolved all of the pending legal actions in Mr. Skinner's case, he wants to give the courts 90 days to make their final decisions.
Commutation of Death Sentence Mr. Skinner requests his death sentence be commuted to life in prison. However, Mr. Skinner has repeatedly and consistently proclaimed his innocence. Thus, a commutation to life imprisonment is not his ultimate goal. A commutation will allow Mr. Skinner the opportunity to prove his innocence without any threat of execution.
Appendices Appendix A - Authorization and Fee Waiver sworn statements
Appendix B - True Bill of Indictment
Appendix C - Charge to the Jury & Verdict of the Jury on Guilt
Appendix D - Charge to the Jury & Verdict of the Jury on Punishment
Appendix E - Capital Judgment
Appendix F - Order Setting Execution Date & Death Warrant
Appendix G - Explanation why Mr. Skinner's state habeas appeal was dismissed
Appendix H - Transcript of Howard Mitchell Interview
Appendix I - Andrea Reed Recantation Affidavit
Appendix J - Letters of Support from Private Individuals

More information about Mr. Skinner is available at

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