Court ruling could mean DNA testing for convicted murderer

An inmate convicted of murder and sent to prison in 2002 for 65 years might have a glimmer of hope for DNA testing in his case based on a decision Wednesday by the 5th U.S. Circuit Court of Appeals.

Instead of dismissing William Harris' civil rights claim, a Houston federal judge should have given him the opportunity to amend his complaint to "state his best case," according to the federal appellate court's opinion issued Wednesday.

Harris, 48, has filed lawsuits in various courts claiming his constitutional rights were violated because the Harris County D.A. would not use DNA testing on evidence in his case.

According to the appeals court opinion, district courts should not dismiss pro se complaints - those filed on one's own behalf without a lawyer - "without first providing the plaintiff an opportunity to amend, unless it is obvious from the record that the plaintiff has pled his best case."

In September 2002, a Harris County jury found Harris guilty of the strangulation of his wife, Wenona Lynn Morris-Harris, 29.

The Texas Court of Appeals affirmed the conviction in 2004. The state appeals court also denied two motions for post-conviction DNA testing.

Sued D.A. Pat Lykos

In 2006, Harris filed a habeus corpus petition in federal court challenging the conviction, based on the lack of DNA testing, and was denied relief.

Then last year, Harris sued then-Harris County District Attorney Pat Lykos, accusing her of denying him due process by repeatedly refusing to seek or recommend DNA testing of evidence.

The case was dismissed by U.S. District Judge Lynn Hughes less than three weeks later.

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Court ruling could mean DNA testing for convicted murderer