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Reed v. Goertz

Docket No.21-442
Op. Below5th Cir.
ArgumentOct 11, 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 Brett Kavanaugh on Apr 19, 2023. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

Proceedings & orders timeline

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 1, 2022
Reply of petitioner Rodney Reed filed. (Distributed)
Feb 2, 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 2, 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 1, 2022
Brief of petitioner Rodney Reed filed.
Jul 1, 2022
Joint appendix filed. (Statement of costs filed)
Jul 7, 2022
Brief amici curiae of Eight Retired Judges filed.
Jul 8, 2022
Brief amicus curiae of Professor Fred Smith Jr. filed.
Jul 8, 2022
Brief amici curiae of The Law Enforcement Action Partnership and the National Police Accountability Project filed.
Jul 8, 2022
Brief amicus curiae of Constitutional Accountability Center filed.
Jul 8, 2022
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Jul 8, 2022
Brief amici curiae of Texas Exonerees Michael Morton and Anthony Graves, et al. filed.
Jul 8, 2022
Brief amici curiae of Federal Courts Scholars filed.
Jul 8, 2022
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jul 8, 2022
Brief amicus curiae of Chase Baumgartner filed.
Jul 21, 2022
CIRCULATED
Aug 3, 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.

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