Thomas, J., dissenting
The CCA affirmed Reed’s conviction and sentence in 2000. In the 23 years since, he has kept up a constant stream of postconviction filings asserting his innocence. Every few years, Reed’s lawyers have produced a new theory and a new purportedly exculpatory affidavit. With the patience of Job, the Texas courts have duly considered them all. On one such occasion, the CCA noted “the complete lack of a cohesive theory of innocence” across Reed’s unending series of attempts to relitigate his guilt. Ex parte Reed, 271 S. W. 3d 698, 746 (2008).[1]
B
In Texas, a convict has two distinct avenues to obtain postconviction DNA testing of evidence—one executive and discretionary, the other judicial and legal. As for the first, the convict can attempt to reach an agreement with the district attorney, who has broad discretion to order or allow DNA testing. See Tr. of Oral Arg. 39–40. In the case of the second, the convict can file a motion under Tex. Code Crim. Proc. Ann., Arts. 64.01 through 64.05 (Vernon 2018) (Chapter 64), which requires “the convicting court” to “order testing” if the movant establishes certain requirements. Ex parte Gutierrez, 337 S. W. 3d 883, 889–890 (Tex. Crim. App. 2011).
In 2014, on the same day that the trial court held a hearing to set Reed’s execution date, Reed filed a Chapter 64 motion for DNA testing of a large number of items. The
- ↑ One example encapsulates the meritlessness of those attempts. In one of his many state postconviction proceedings, Reed submitted an affidavit from his own father, Walter, stating that an acquaintance had told him that he knew where Stites was the night she died. Reed submitted no affidavit from the acquaintance. The State then obtained an affidavit from the acquaintance, in which he swore that he “ ‘never told Walter Reed that I knew where Stacey Stites was on the night she was killed. All I ever told Walter was that Rodney Reed was a crackhead who raped girls on the [railroad] tracks. I have no idea where Stacey Stites was when she died.’ ” Ex parte Reed, 271 S. W. 3d, at 736.
