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Reed v. Goertz
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-442 | 5th Cir. |
Oct 11, 2022 |
Apr 19, 2023 | 6-3 | Kavanaugh | OT 2022 |
Holding: When a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. § 1983 procedural due process claim begins to run when the state litigation ends, in this case when the Texas Court of Criminal Appeals denied Rodney Reed’s motion for rehearing.
Judgment: Reversed, 6-3, in an opinion by Justice Kavanaugh on April 19, 2023. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.
SCOTUSblog Coverage
- Court revives DNA evidence case of Texas man on death-row (Amy Howe, April 20, 2023)
- Justices wrestle with statute of limitations in Rodney Reed’s effort to revive DNA lawsuit (Amy Howe, October 11, 2022)
- A man on death row is seeking DNA testing. The justices will decide whether he missed a key deadline. (Amy Howe, October 10, 2022)
- Cases on Clean Water Act and Voting Rights Act will headline October oral arguments (Amy Howe, June 14, 2022)
- Court adds new cases on DNA testing for inmates, personal jurisdiction for corporations (Amy Howe, April 25, 2022)
- Animal rights and the First Amendment, due process and a confession of error (John Elwood, April 20, 2022)
- Another look at qualified immunity (John Elwood, April 12, 2022)
- A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim (John Elwood, March 30, 2022)
- Andy Warhol’s artwork, Arizona’s capital sentencing, and more on armed career criminals (John Elwood, March 23, 2022)
- Two more cases involving religious exercise claims (John Elwood, March 16, 2022)
- No new relists — but a preview of a free-exercise issue the court is watching closely (John Elwood, March 2, 2022)
- How long do prisoners have to seek DNA evidence? (John Elwood, February 23, 2022)
- House voting, DNA testing, a coach’s praying, and abortion returning (Andrew Hamm, October 1, 2021)
| Date | Proceedings and Orders |
|---|---|
| Sep 20 2021 | Petition for a writ of certiorari filed. (Response due October 22, 2021) |
| Oct 13 2021 | Motion to extend the time to file a response from October 22, 2021 to November 21, 2021, submitted to The Clerk. |
| Oct 14 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021. See Rule 30.1 |
| Oct 22 2021 | Motion for leave to file amicus brief filed by Constitutional Accountability Center. |
| Oct 22 2021 | Brief amici curiae of Texas Exonerees Michael Morton and Anthony Graves, et al. filed. |
| Nov 18 2021 | Motion to extend the time to file a response from November 22, 2021 to January 5, 2022, submitted to The Clerk. |
| Nov 19 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including January 5, 2022. |
| Dec 28 2021 | Motion to extend the time to file a response from January 5, 2022 to January 19, 2022, submitted to The Clerk. |
| Dec 29 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including January 19, 2022. |
| Jan 19 2022 | Brief of respondents Bryan Goertz, et al. in opposition filed. |
| Feb 01 2022 | Reply of petitioner Rodney Reed filed. (Distributed) |
| Feb 02 2022 | DISTRIBUTED for Conference of 2/18/2022. |
| Feb 22 2022 | DISTRIBUTED for Conference of 2/25/2022. |
| Feb 28 2022 | DISTRIBUTED for Conference of 3/4/2022. |
| Mar 14 2022 | DISTRIBUTED for Conference of 3/18/2022. |
| Mar 21 2022 | DISTRIBUTED for Conference of 3/25/2022. |
| Mar 28 2022 | DISTRIBUTED for Conference of 4/1/2022. |
| Apr 11 2022 | DISTRIBUTED for Conference of 4/14/2022. |
| Apr 18 2022 | DISTRIBUTED for Conference of 4/22/2022. |
| Apr 25 2022 | Motion for leave to file amicus brief filed by Constitutional Accountability Center GRANTED. |
| Apr 25 2022 | Petition GRANTED. |
| May 02 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| May 19 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 1, 2022. The time to file respondents' brief on the merits is extended to and including August 23, 2022. |
| Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 11, 2022. |
| Jun 22 2022 | Blanket Consent filed by Petitioner, Rodney Reed |
| Jun 22 2022 | Record requested from the 5th Circuit. |
| Jun 22 2022 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer. |
| Jun 24 2022 | Blanket Consent filed by Respondent, Bryan Goertz, et al. |
| Jul 01 2022 | Brief of petitioner Rodney Reed filed. |
| Jul 01 2022 | Joint appendix filed. (Statement of costs filed) |
| Jul 07 2022 | Brief amici curiae of Eight Retired Judges filed. |
| Jul 08 2022 | Brief amicus curiae of Professor Fred Smith Jr. filed. |
| Jul 08 2022 | Brief amici curiae of The Law Enforcement Action Partnership and the National Police Accountability Project filed. |
| Jul 08 2022 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Jul 08 2022 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. |
| Jul 08 2022 | Brief amici curiae of Texas Exonerees Michael Morton and Anthony Graves, et al. filed. |
| Jul 08 2022 | Brief amici curiae of Federal Courts Scholars filed. |
| Jul 08 2022 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Jul 08 2022 | Brief amicus curiae of Chase Baumgartner filed. |
| Jul 21 2022 | CIRCULATED |
| Aug 03 2022 | USDC, W. Dist., Tex. record on appeal, including sealed filings, has been electronically received by the Clerk. |
| Aug 23 2022 | Brief of respondent Bryan Goertz filed. (Distributed) |
| Aug 30 2022 | Brief amici curiae of Montana, et al. filed. (Distributed) |
| Sep 22 2022 | Reply of petitioner Rodney Reed filed. (Distributed) |
| Oct 11 2022 | Argued. For petitioner: Parker Rider-Longmaid, Washington, D. C. For respondent: Judd E. Stone, II, Solicitor General, Austin, Tex. |
| Apr 19 2023 | Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. |
| May 22 2023 | Judgment issued. |
