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