Page:Reed v. Goertz.pdf/29

Rh

, with whom joins, dissenting.

This case involves a suit brought by petitioner Rodney Reed under Rev. Stat. §1979, 42 U. S. C. §1983, against Bryan Goertz, the District Attorney of Bastrop County, Texas. Reed claims that Goertz violated his due process rights when, based on the Texas Court of Criminal Appeals’ interpretation of the Texas statute that allows post-trial DNA testing under specified circumstances, Article 64 of the Texas Code of Criminal Procedure, Goertz continued to deny Reed’s request for DNA testing of certain items found near the scene of the murder for which he was convicted 25 years ago.

As the Court notes and the parties agree, the statute of limitations for Reed’s claim is two years. ; Brief for Petitioner 17; Brief for Respondent 17. Reed filed his complaint on August 8, 2019, and the lower courts held that this was too late. The question before us is when the 2-year statute of limitations began to run, that is in legal parlance, when Reed’s claim “accrued.” As the parties agree, the general rule is that a claim accrues when the plaintiff has “a complete and present cause of action,” Wallace v. Kato, 549 U. S. 384, 388 (2007) (internal quotation marks omitted). Reed contends that his claim did not accrue until the Texas Court of Criminal Appeals (CCA) denied his petition for rehearing on October 4, 2017, and thus refused to retract the