Reed petitioned the state to test the DNA evidence that he says will exonerate him, but the state argued against that testing, saying that the crime scene items were improperly stored and therefore could be contaminated. In 2014, a district court ruled in favor of the state, and in 2017, the Criminal Court of Appeals affirmed that decision.was whether Reed waited too long to seek relief in federal court.
In an amicus brief in the case, the NAACP argued that a decision to limit the amount of time a prisoner has to bring due process claims would “disproportionately harm Black people and other people of color, who areand must rely on access to DNA evidence to prove their innocence.” The high court agreed that the statute of limitations “begins to run when the state litigation ends, in this case when the Texas Court of Criminal Appeals denied Reed’s motion for rehearing.”
, Justice Brett Kavanaugh wrote that starting the clock before the state court process was exhausted would encourage plaintiffs to file state and federal suits simultaneously, creating “parallel litigation.”Kavanaugh was joined by Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented. Reed’s case will now return to the 5th U.S.
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