Via statement after cert denial, Justice Sotomayor makes lengthy case highlighting doubts about guilt of Texas capital defendant
In the middle of a lengthy order list with mostly just cert denials of interest to criminal justice fans (two of which I will discuss in a coming post), Justice Sonia Sotomayor issued this lengthy statement respecting the denial of certiorari in the capital case of Reed v. Texas, No. 19–411. The bulk of the seven-page statement discusses the evidence raising doubts about the guilt of Rodney Reed, and here are the Justice's closing paragraphs:
In the instant petition for a writ of certiorari, Reed has presented a substantial body of evidence that, if true, casts doubt on the veracity and scientific validity of the evidence on which Reed’s conviction rests. Misgivings this ponderous should not be brushed aside even in the least consequential of criminal cases; certainly they deserve sober consideration when a capital conviction and sentence hang in the balance. In the pending tenth state habeas proceeding, however, Reed has identified still more evidence that he says further demonstrates his innocence. It is no trivial moment that the Texas courts have concluded that Reed has presented a substantive claim of actual innocence warranting further consideration and development on the merits. While the Court today declines to review the instant petition, it of course does not pass on the merits of Reed’s innocence or close the door to future review.
In my view, there is no escaping the pall of uncertainty over Reed’s conviction. Nor is there any denying the irreversible consequence of setting that uncertainty aside. But I remain hopeful that available state processes will take care to ensure full and fair consideration of Reed’s innocence — and will not allow the most permanent of consequences to weigh on the Nation’s conscience while Reed’s conviction remains so mired in doubt.
Prior related post:
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