Rodney Reed pleads before U.S. Supreme Court for DNA testing that might establish his innocence

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Rodney Reed pleads before U.S. Supreme Court for DNA testing that might establish his innocence
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The nation’s high court heard arguments Tuesday on whether Reed can seek DNA testing of crucial evidence in the 1996 murder of Stacey Stites in Bastrop County.

The Court of Criminal Appeals has received the recommendation but has not yet ruled on the outcome of Reed’s state appeals.

Reed’s attorneys then brought a federal claim under Section 1983, which allows individuals to sue state actors for violating their rights. In Texas, those claims have a statute of limitations of two years. The state is arguing that the statute of limitations began in 2014 when the district court made its initial decision not to test the DNA.

The Fifth Circuit agreed that the statute of limitations in Reed’s case was tied to the initial ruling, but in a different case, the Eleventh Circuit had ruled that the statute of limitations begins once the options for relief in state court are exhausted. In Tuesday’s oral arguments, Texas Solicitor General Judd Stone told the justices that the more time goes by, the harder it is for the state to defend its case, as evidence degrades and witnesses age. “Additional delay harms the state’s ability to be able to redress this if, for example, he’s entitled to a new trial for one reason or another, which he most emphatically is not,” Stone argued.

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