For my part, I think Sam Millsap is right: DNA testing only works if the justice system chooses to use it. After the Governor signed Timothy Cole's posthumous pardon last week, after all the DNA exonerations in Dallas and around the state, much less after witnessing the imbroglio over post-execution innocence claims in the Todd Willingham case, I think it's high time Texas stopped fooling around with these cases (as though they were engaged in a juvenile game of political chicken with the capital defense bar) and start to make sure, at least, that the state is killing the right guy before putting him down.
In addition, I'd like to see Texas clean up its own mess, which in this case would mean Governor Perry temporarily commuting the sentence long enough for the evidence to be tested. Do I think that's likely after the Board of Pardons and Paroles recommended against it? Not really. It would be a surprise, albeit a welcome one, if the Governor did so.
MORE: Excellent post from Mark Bennett at Defending People: "Nope, No Balm in Gilead. Sorry."
UPDATE: SCOTUS stayed the execution, for now. What's next? According to Lyle Denniston at SCOTUSBlog:
Lawyers on both sides have completed all of the filings in the case on that issue, so the Court is expected to schedule it for Conference within a matter of weeks. In the meantime, the postponement granted Wednesday will stay in effect until the petition is acted upon and, if granted, until it is decided. If review is denied, the postponement will expire automatically and the state could then schedule execution anew. If review is granted, a ruling would not be expected until next Term, starting next October.