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James Aren Duckett v. Florida
IFP petition · Supreme Court of Florida, No. SC2026-1083, SC2026-1084 · judgment July 24, 2026
Question presented
James Duckett has been on death row for over thirty-five years for a crime he steadfastly maintains he did not commit. Since he was convicted, Mr. Duckett has amassed a substantial body of evidence refuting his guilt. In 2003, for the first time he had access to DNA testing, however, due to the limitations in technology, no results were obtained. Under warrant, all parties agreed DNA testing here would be probative because identity remains an issue. While Mr. Duckett was permitted to test one piece of evidence, at the State’s insistence, it was tested using testing that could not produce a definitive result. Because the evidence was consumed, Mr. Duckett promptly requested testing of other similar nature evidence. Florida state courts erected arbitrary hurdles to deny Mr. Duckett’s access to DNA testing. Florida statutory procedures for obtaining DNA testing run afoul of the Due Process Clause of the Fourteenth Amendment as set forth in this Court’s precedents. This Court has explicitly recognized that capital prisoners have a liberty interest in obtaining DNA testing (see Gutierrez v. Saenz, 606 U.S. 305 (2025); Skinner v. Switzer, 562 U.S. 521 (2011); Dist. Atty’s Office for 3rd Jud. Dist. v. Osborne, 557 U.S. 52, 69 (2009)) and a property interest in not being arbitrarily denied access to state-created investigatory procedures. See Logan v. Zimmerman Brush, 455 U.S. 422 (1982).
Counsel of record
For petitioner
Mary Elizabeth Wells
Law Office of M.E. Wells LLC
For respondent
Scott Andrew Browne
Office of the Attorney General
Proceedings
- Jul 28 2026Petition DENIED.
- Jul 28 2026Application (26A119) referred to the Court.
- Jul 28 2026Application (26A119) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
- Jul 28 2026Reply of petitioner James Duckett filed.
- Jul 28 2026Reply of applicant James Duckett filed.
- Jul 27 2026Brief of respondent Florida in opposition filed.
- Jul 27 2026Response to application from respondent Florida filed.
- Jul 25 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
- Jul 25 2026Application (26A119) for a stay of execution of sentence of death, submitted to Justice Thomas.