Editor's Note :

Editor's Note :

We expect orders from the April 28 conference on Monday at 9:30 a.m. There is also a possibility of opinions on Monday at 10 a.m. We will begin live-blogging at 9:25 a.m.

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Ayestas v. Davis

Docket No. Op. Below Argument Opinion Vote Author Term
16-6795 5th Cir. TBD TBD TBD TBD OT 2017

Issues: Whether the U.S. Court of Appeals for the 5th Circuit erred in holding that 18 U.S.C. § 3599(f) withholds “reasonably necessary” resources to investigate and develop an ineffective-assistance-of-counsel claim that state habeas counsel forfeited, where the claimant's existing evidence does not meet the ultimate burden of proof at the time the Section 3599(f) motion is made.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 5 2016Application (16A130) to extend the time to file a petition for a writ of certiorari from September 8, 2016 to October 24, 2016, submitted to Justice Thomas.
Aug 10 2016Application (16A130) granted by Justice Thomas extending the time to file until October 24, 2016.
Oct 14 2016Application (16A130) to extend further the time from October 24, 2016 to November 7, 2016, submitted to Justice Thomas.
Oct 19 2016Application (16A130) granted by Justice Thomas extending the time to file until November 7, 2016.
Nov 7 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2016)
Dec 5 2016Order extending time to file response to petition to and including January 9, 2017.
Dec 23 2016Order further extending time to file response to petition to and including February 8, 2017.
Feb 8 2017Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Feb 23 2017DISTRIBUTED for Conference of March 17, 2017.
Feb 23 2017Reply of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed. (Distributed)
Mar 20 2017DISTRIBUTED for Conference of March 24, 2017.
Mar 27 2017DISTRIBUTED for Conference of March 31, 2017.
Apr 3 2017Motion of petitioner to proceed in forma pauperis is granted. The petition for a writ of certiorari is GRANTED limited to Question 2 presented by the petition.
Apr 10 2017Motion to appoint counsel filed by petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea.
 
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