In Skinner v. Switzer, 562 U.S. 521 (2011), this Court held that a prisoner who has been denied access to DNA testing under a state statute may bring an action under 42 U.S.C. § 1983, alleging that the state statute, as "authoritatively construed" by the state courts, denied him procedural due process. Id. at 530-32. Since Skinner was decided, the lower federal courts have struggled to determine under what circumstances such a suit has merit or is likely to succeed.

That question is of critical importance now. Petitioner Cromartie, a Georgia prisoner under sentence of death, has brought an action of the kind recognized in Skinner. If his suit is likely to succeed, a stay should be granted. If a stay is not granted, an innocent man may be executed. The questions presented are as follows:

1. What standards should a district court apply in determining whether to grant relief on a claim under Skinner?

2. Did the lower courts err in dismissing the complaint and denying a stay of execution?

What standards should a district court apply in determining whether to grant relief on a claim under Skinner v. Switzer?