US Supreme Court Weighs DNA Evidence for Death Row Defendant (1)

The US Supreme Court struggled with whether to allow a Texas death row inmate to continue to appeal his capital sentence, with several justices suggesting a win for the defendant now might not matter.

The case argued on Monday turns on whether courts can consider constitutional challenges to unfair procedures, which Justice Brett Kavanaugh said were “special.”

Speaking to Texas Deputy Solicitor General William Cole, Kavanaugh agreed that the state had some good arguments on the merits. “That may be a winning argument, it may be a losing argument, but that’s a down-the-road argument,” Kavanaugh said.

And at this point ...