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GUTIERREZ v. SAENZ

No. 21-70009.

93 F.4th 267 (2024)

Ruben GUTIERREZ, Plaintiff-Appellee, v. Luis V. SAENZ; Felix Sauceda, Chief, Brownsville Police Department, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED February 8, 2024.

Attorney(s) appearing for the Case

Peter James Walker , Anne Fisher , Federal Community Defender Office, Eastern District of Pennsylvania, Richard W. Rogers, III , Corpus Christi, TX, for Plaintiff-Appellee.

Jefferson David Clendenin , Assistant Attorney General, Michael Abrams , Office of the Attorney General, Austin, TX, Ari Cuenin , Stone Hilton, P.L.L.C., Austin, TX, Edward A. Sandoval , District Attorney's Office for the County of Cameron, Brownsville, TX, for Defendant-Appellant Luis V. Saenz.

Guillermo Samuel Trevino , Lena Cherie Chaisson-Munoz , City Attorney's Office for the City of Brownsville, Brownsville, TX, for Defendant-Appellant Felix Sauceda, Chief, Brownsville Police Department.

Before Southwick, Haynes, and Higginson, Circuit Judges.

In 1999, Ruben Gutierrez was convicted of capital murder and sentenced to death in a Texas state court. Since 2011, Gutierrez's efforts to secure postconviction DNA testing have been denied in state and federal court. In this Section 1983 case, the district court accepted his claim that a particular limitation...

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