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Emergency application · Capital case

DNA testing before execution

Tony Carruthers v. Tennessee

Denied
No. 25A1290Stay applicationFiled by a prisoner facing executionPresented to Justice KavanaughFrom Supreme Court of Tennessee, Middle Division

What did the Court do?

The Court denied the request on May 21, 2026 and refused to halt the execution.

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

Filed Ruled 1 day after filing

What's being asked

Tennessee death-row prisoner Tony Carruthers asks the Supreme Court to pause his execution while it considers whether to review his case. He seeks time to pursue DNA testing of untested evidence tied to the crimes. He says results could support his innocence, weaken his death sentence, or point to another suspect.

What the Court did

The Court refused emergency help and denied Carruthers's request for a stay (a temporary pause) of his execution. It also denied his petition for Supreme Court review (refused to hear the case), but did not decide his underlying claims. The Court did not publish 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 82 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 1 day after filing.

What it means

This emergency ruling addresses a temporary pause, not whether Carruthers should receive DNA testing or win his underlying claims. The application challenges a Tennessee Supreme Court ruling. Carruthers's filing says DNA-testing litigation was pending in state and federal courts, but the record gives no later status. 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. 25A1290. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 4, 2026