May 18, 2011 - DNA ISSUE

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DNA
 ISSUE

5TH CIRCUIT COURT OF APPEALS ORDER ON REMAND FROM THE UNITED STATES SUPREME COURT
 MAY 18, 2011


Case: 10-70002 Document: 00511481626 Page: 1 Date Filed: 05/18/2011

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-70002

May 18, 2011 Lyle W. Cayce Clerk

HENRY W. SKINNER, Plaintiff-Appellant, versus LYNN SWITZER, District Attorney for the 31st Judicial District of Texas, Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:09-CV-281

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SMITH, DENNIS, and OWEN, Circuit Judges. PER CURIAM:*

*

Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.


Case: 10-70002 Document: 00511481626 Page: 2 Date Filed: 05/18/2011

No. 10-70002 The Supreme Court reversed and remanded this court’s affirmance of the district court’s dismissal.

Skinner v. Switzer, 131 S. Ct. 1289 (2011).

We

VACATE and REMAND the judgment of the district court for further proceedings in accordance with the Supreme Court’s directive. We express no view on what decisions the district court should make on remand.

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