Paul G. House was accused of murdering his next-door neighbor in 1986. The prosecution claimed that he had murdered her in the course of raping her, and introduced chemical evidence that his semen was found on her clothing. He was convicted and sentenced to death.
Now it turns out that DNA analysis shows that the semen was in fact that of the victim’s husband.
All eight Republican-appointed judges from the Sixth Circuit Court of Appeals who sat on the en banc hearing on House’s habeas corpus petition voted to deny it; all seven Democratic-appointed judges voted to grant it, with six of them agreeing that he had in fact proven his innocence.
If Justice Scalia’s view prevails, Paul House will be executed.