Is everybody else as happy as I am about Kutzner and Franklin from this week's hand-down? (In fact, I must even now take a break from typing this message to turn a few more cartwheels right here in my office. There. That's better.) In Kutzner, I think Hervey really nailed it as far as plugging some of the more prominent holes in the DNA statute. And in Franklin, Meyers went a long way towards stuffing the Elizando genie back into the Herrera bottle.
Hats off to Gail McConnell (prosecutor in Kutzner) and Chuck Mallin (prosecutor in Franklin). Hip hip.
Matthew, you are right to be happy, but Paul Womack still gets it right in his concurrence when he says you can't read Herrera to create an independent due process cause of action for a claim of innocence. It just isn't politically correct to say it right now.
John Bradley District Attorney Williamson County, Texas
