No. 21-442

Rodney Reed v. Bryan Goertz

Lower Court: Fifth Circuit
Docketed: 2021-09-22
Status: Judgment Issued
Type: Paid
Amici (13)Relisted (8) Experienced Counsel
Tags: 42-usc-1983 civil-rights dna-testing due-process postconviction-claim section-1983 state-court-litigation statute-of-limitations
Key Terms:
SocialSecurity DueProcess FifthAmendment
Latest Conference: 2022-04-22 (distributed 8 times)
Question Presented (AI Summary)

Whether the statute of limitations for a § 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals, or at the moment the state trial court denies DNA testing

Question Presented (OCR Extract)

QUESTION PRESENTED In Skinner v. Switzer, 562 U.S. 521, 524-25 (2011), this Court held that state prisoners may pursue postconviction claims for DNA testing of crime-scene evidence in a civil rights action under 42 U.S.C. § 1983. The Court made clear that a prisoner bringing such a § 1983 claim may seek “to show that the governing state law denies him procedural due process” after he has unsuccessfully sought DNA testing under available state procedures. Id. at 525, 530. The question presented is whether the statute of limitations for a § 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of statecourt litigation denying DNA testing, including any appeals (as the Eleventh Circuit has held), or whether it begins to run at the moment the state trial court denies DNA testing, despite any subsequent appeal (as the Fifth Circuit, joining the Seventh Circuit, held below).

Docket Entries

2023-05-22
Judgment issued.
2023-04-19
Judgment REVERSED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-442_e1p3.pdf'>opinion</a> 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.
2022-10-11
Argued. For petitioner: Parker Rider-Longmaid, Washington, D. C. For respondent: Judd E. Stone, II, Solicitor General, Austin, Tex.
2022-09-22
Reply of petitioner Rodney Reed filed. (Distributed)
2022-08-30
Brief amici curiae of Montana, et al. filed. (Distributed)
2022-08-23
Brief of respondent Bryan Goertz filed. (Distributed)
2022-08-03
USDC, W. Dist., Tex. record on appeal, including sealed filings, has been electronically received by the Clerk.
2022-07-21
CIRCULATED
2022-07-08
Brief amici curiae of Texas Exonerees Michael Morton and Anthony Graves, et al. filed.
2022-07-08
Brief amicus curiae of Professor Fred Smith Jr. filed.
2022-07-08
Brief amici curiae of The Law Enforcement Action Partnership and the National Police Accountability Project filed.
2022-07-08
Brief amicus curiae of Constitutional Accountability Center filed.
2022-07-08
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
2022-07-08
Brief amici curiae of Federal Courts Scholars filed.
2022-07-08
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
2022-07-08
Brief amicus curiae of Chase Baumgartner filed.
2022-07-07
Brief amici curiae of Eight Retired Judges filed.
2022-07-01
Joint appendix filed. (Statement of costs filed)
2022-07-01
Brief of petitioner Rodney Reed filed.
2022-06-24
Blanket Consent filed by Respondent, Bryan Goertz, et al.
2022-06-22
The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
2022-06-22
Record requested from the 5th Circuit.
2022-06-22
Blanket Consent filed by Petitioner, Rodney Reed
2022-06-14
ARGUMENT SET FOR Tuesday, October, 11, 2022.
2022-05-19
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.
2022-05-02
Motion for an extension of time to file the briefs on the merits filed.
2022-04-25
Petition GRANTED.
2022-04-25
Motion for leave to file amicus brief filed by Constitutional Accountability Center GRANTED.
2022-04-18
DISTRIBUTED for Conference of 4/22/2022.
2022-04-11
DISTRIBUTED for Conference of 4/14/2022.
2022-03-28
DISTRIBUTED for Conference of 4/1/2022.
2022-03-21
DISTRIBUTED for Conference of 3/25/2022.
2022-03-14
DISTRIBUTED for Conference of 3/18/2022.
2022-02-28
DISTRIBUTED for Conference of 3/4/2022.
2022-02-22
DISTRIBUTED for Conference of 2/25/2022.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2022-02-01
Reply of petitioner Rodney Reed filed. (Distributed)
2022-01-19
Brief of respondents Bryan Goertz, et al. in opposition filed.
2021-12-29
Motion to extend the time to file a response is granted and the time is further extended to and including January 19, 2022.
2021-12-28
Motion to extend the time to file a response from January 5, 2022 to January 19, 2022, submitted to The Clerk.
2021-11-19
Motion to extend the time to file a response is granted and the time is further extended to and including January 5, 2022.
2021-11-18
Motion to extend the time to file a response from November 22, 2021 to January 5, 2022, submitted to The Clerk.
2021-10-22
Brief amici curiae of Texas Exonerees Michael Morton and Anthony Graves, et al. filed.
2021-10-22
Motion for leave to file amicus brief filed by Constitutional Accountability Center.
2021-10-14
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
2021-10-13
Motion to extend the time to file a response from October 22, 2021 to November 21, 2021, submitted to The Clerk.
2021-09-20
Petition for a writ of certiorari filed. (Response due October 22, 2021)

Attorneys

Bryan Goertz
Judd Edward Stone IITexas Attorney General's Office, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
Chase Baumgartner
Michael Logan WareInnocence Project of Texas, Amicus
Michael Logan WareInnocence Project of Texas, Amicus
Constitutional Accountability Center
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Eight Retired Judges
Jessica Lynn EllsworthHogan Lovells US, LLP, Amicus
Jessica Lynn EllsworthHogan Lovells US, LLP, Amicus
Federal Courts Scholars
Meaghan Elizabeth McLaine VerGowO'Melveny & Myers LLP, Amicus
Meaghan Elizabeth McLaine VerGowO'Melveny & Myers LLP, Amicus
NAACP Legal Defense & Educational Fund, Inc.
Samuel SpitalNAACP Legal Defense & Educational Fund, Inc., Amicus
Samuel SpitalNAACP Legal Defense & Educational Fund, Inc., Amicus
National Association of Criminal Defense Lawyers, et al.
Sean M. SeLegueArnold & Porter Kaye Scholer LLP, Amicus
Sean M. SeLegueArnold & Porter Kaye Scholer LLP, Amicus
Professor Fred Smith Jr.
Gregory Jacob DubinskyHolwell Shuster & Goldberg, LLP, Amicus
Gregory Jacob DubinskyHolwell Shuster & Goldberg, LLP, Amicus
Rodney Reed
Parker Andrew Rider-LongmaidSkadden, Arps, Slate, Meagher & Flom LLP, Petitioner
Parker Andrew Rider-LongmaidSkadden, Arps, Slate, Meagher & Flom LLP, Petitioner
State of Montana
David Morgan Steven DewhirstOffice of the Solicitor General, Amicus
David Morgan Steven DewhirstOffice of the Solicitor General, Amicus
Texas Exonerees Michael Morton and Anthony Graves, the Innocence Network, and The Constitution Project at the Project on Government Oversight
Craig E. StewartJones Day, Amicus
Craig E. StewartJones Day, Amicus
The Law Enforcement Action Partnership and the National Police Accountability Project
James Patrick DavyAll Rise Trial & Appellate, Amicus
James Patrick DavyAll Rise Trial & Appellate, Amicus