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Emergency application · Capital case

Who can challenge DNA testing

David Wood v. Rachel Patton, Assistant Attorney General

Granted
No. 24A860Stay applicationFiled by a prisoner facing executionPresented to Justice AlitoFrom United States Court of Appeals for the Fifth Circuit

What did the Court do?

The Court granted the request on March 14, 2025 and halted (stayed) the execution.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 5 days after filing

What's being asked

David Wood, a prisoner under a death sentence, asks the Supreme Court to pause his execution while it considers his request for review. Wood says the Fifth Circuit threw out his challenge to Texas’s DNA-testing law under its rule about who has the legal right to sue.

What the Court did

Justice Alito refused Wood’s request for a Supreme Court pause, denying it as moot (no longer a live dispute). The Texas Court of Criminal Appeals had already paused Wood’s execution on March 11. The application closed without deciding whether Wood otherwise qualified for emergency relief; the record does not show how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 91 rulings on capital applications decided without a response came 2 to 5 days after filing, and the median was 3 days; this one was ruled on 5 days after filing.

What it means

The Texas court’s pause protects Wood from execution temporarily, but it does not decide his DNA-testing challenge. The Fifth Circuit’s ruling remains unchanged; Wood says it threw out his challenge to Texas’s DNA-testing law. The docket lists no related Supreme Court case or argument date.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A860. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 3, 2026