Court of Criminal Appeals of Texas

Ex Parte Rodney Reed, Applicant

December 17, 20082008 Tex. Crim. App. LEXIS 1569

Summary

The Court of Criminal Appeals of Texas denied Rodney Reed's second subsequent application for a writ of habeas corpus, holding that he failed to demonstrate a Brady violation and did not meet the gateway‑actual‑innocence standard under Article 11.071, Section 5(a)(2). The decision relied on established Brady disclosure rules and the Schlup gateway test. Two concurring opinions expressed disagreement with the majority's view of the court's fact‑finding role.