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Ayestas v. Davis

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Docket No. Op. Below Argument Opinion Vote Author Term
16-6795 5th Cir. Oct 30, 2017 Mar 21, 2018 9-0 Alito OT 2017

Holding: The district court’s denial of Carlos Ayestas’ request for funding for “reasonably necessary” services of experts, investigators and the like, under 18 U. S. C. §3599(f), to develop his claim that both his trial and state habeas counsel were ineffective was a judicial decision subject to appellate review under the standard jurisdictional provisions; the U.S. Court of Appeals for the 5th Circuit did not apply the correct legal standard in affirming the denial of that request.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Alito on March 21, 2018. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 05 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 07 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2016)
Dec 05 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 08 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 03 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 05 2017Consent to the filing of amicus curiae briefs, support of either party or of neither party, received from counsel for respondent.
May 05 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 05 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 09 2017Joint appendix filed. (Statement of costs filed)
Jun 09 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.
Aug 01 2017Brief of respondent Lorie Davis, Director, Texas Dept. of Criminal Justice, Correctional Division filed.
Aug 08 2017Brief amici curiae of States of Arizona, et al. filed.
Aug 31 2017Reply of petitioner Carlos Manuel Ayestas filed.
Aug 31 2017SET FOR ARGUMENT on Monday, October 30, 2017
Sep 07 2017CIRCULATED
Sep 12 2017Record requested from the U.S.C.A.5th Circuit.
Sep 28 2017Record received from the U.S.D.C. Southern District of Texas - Brownsville Division is electronic.
Oct 30 2017Argued. For petitioner: Lee Kovarsky, Baltimore, Md. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General of Texas, Austin, Tex.
Mar 21 2018Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined.
Apr 23 2018JUDGMENT ISSUED.