Death row inmate Rodney Reed's case was up at the U.S. Supreme Court on Tuesday morning. The nation's highest court was deciding whether Reed has a right to test the DNA in his 1996 murder case.
Death row inmate Rodney Reed’s case before the U.S. Supreme Court Tuesday — when does the clock start ticking on a request to test DNA evidence? — has implications in both Reed’s case and many other cases in the Texas court system.
Local and state officials insist Reed has missed the window to appeal a decision that denied him the right to test the DNAA three-judge panel at the 5th U.S. Circuit Court of Appeals tossed out Reed’s case, saying any appeal should have been filed within two years of when Reed’s legal team lost a bid to force prosecutors to turn over crime scene evidence for DNA testing. That was in 2014.
Attorney Parker Rider-Longmaid, arguing on Reed’s behalf, said the ability to petition for DNA testing should be open to the end of the state court litigation. Too often, a case remanded to the lower court can lead to new reasoning and results. Solicitor General Judd Stone argued on behalf of Texas and the local district attorney who denied Reed’s request to test crime scene materials. Stone said the particular challenge Reed’s legal team brought — to challenge the state law on DNA test — was the wrong approach.
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