Editor's Note :

Editor's Note :

On Monday, we expect orders from the June 22 Conference at 9:30 a.m. and the final opinions of the term at 10 a.m.
Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.
The Supreme Court proceedings and orders in the legal challenges to the administration’s entry ban are available at this link.

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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.
May 5 2017Consent to the filing of amicus curiae briefs, support of either party or of neither party, received from counsel for respondent.
May 5 2017Consent to the filing of amicus curiae briefs in support of either party or either party from counsel for the petitioner.
May 12 2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 9, 2017.
May 12 2017The time to file respondent's brief on the merits is extended to and including August 1, 2017.
May 16 2017Motion to appoint counsel DISTRIBUTED for Conference of June 1, 2017.
Jun 5 2017Motion to appoint counsel filed by petitioner GRANTED. and Lee B. Kovarsky, Esquire, of Baltimore, Maryland, is appointed to serve as counsel for the petitioner in this case.
Jun 9 2017Joint appendix filed. (Statement of costs filed)
Jun 9 2017Brief of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed.
Jun 16 2017Brief amici curiae of The National Association of Criminal Defense Lawyers,and The American Civil Liberties Union filed.
Jun 16 2017Brief amicus curiae of The Constitution Project filed.
Jun 16 2017Brief amicus curiae of The American Bar Association filed.
Jun 16 2017Brief amicus curiae of The Capital Punishment Center of the University of Texas at Austin School of Law filed.
 
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