Ayestas v. Davis

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-6795	5th Cir.	Oct 30, 2017 Tr.Aud.	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

OT2017 #19: "This Classroom Is Not Full" (First Mondays)
Opinion analysis: Justices unanimously reverse 5th Circuit on funding for capital habeas petitions (Steve Vladeck)
A "view" from the courtroom: Just another (snowy) workday here (Mark Walsh)
OT2017 #5: “Oglethorpe’s Second Cousin” (First Mondays)
Argument analysis: Major capital habeas case appears headed toward narrow reversal (Steve Vladeck)
Argument preview: A subtle but significant dispute over funding federal habeas petitions in capital cases (Steve Vladeck)
Two grants, still no Masterpiece Cakeshop (again) (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Aug 05 2016	Application (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 2016	Application (16A130) granted by Justice Thomas extending the time to file until October 24, 2016.
Oct 14 2016	Application (16A130) to extend further the time from October 24, 2016 to November 7, 2016, submitted to Justice Thomas.
Oct 19 2016	Application (16A130) granted by Justice Thomas extending the time to file until November 7, 2016.
Nov 07 2016	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2016)
Dec 05 2016	Order extending time to file response to petition to and including January 9, 2017.
Dec 23 2016	Order further extending time to file response to petition to and including February 8, 2017.
Feb 08 2017	Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Feb 23 2017	DISTRIBUTED for Conference of March 17, 2017.
Feb 23 2017	Reply of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed. (Distributed)
Mar 20 2017	DISTRIBUTED for Conference of March 24, 2017.
Mar 27 2017	DISTRIBUTED for Conference of March 31, 2017.
Apr 03 2017	Motion 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 2017	Motion to appoint counsel filed by petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea.
May 05 2017	Consent to the filing of amicus curiae briefs, support of either party or of neither party, received from counsel for respondent.
May 05 2017	Consent to the filing of amicus curiae briefs in support of either party or either party from counsel for the petitioner.
May 12 2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 9, 2017.
May 12 2017	The time to file respondent's brief on the merits is extended to and including August 1, 2017.
May 16 2017	Motion to appoint counsel DISTRIBUTED for Conference of June 1, 2017.
Jun 05 2017	Motion 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 2017	Joint appendix filed. (Statement of costs filed)
Jun 09 2017	Brief of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed.
Jun 16 2017	Brief amici curiae of The National Association of Criminal Defense Lawyers,and The American Civil Liberties Union filed.
Jun 16 2017	Brief amicus curiae of The Constitution Project filed.
Jun 16 2017	Brief amicus curiae of The American Bar Association filed.
Jun 16 2017	Brief amicus curiae of The Capital Punishment Center of the University of Texas at Austin School of Law filed.
Aug 01 2017	Brief of respondent Lorie Davis, Director, Texas Dept. of Criminal Justice, Correctional Division filed.
Aug 08 2017	Brief amici curiae of States of Arizona, et al. filed.
Aug 31 2017	Reply of petitioner Carlos Manuel Ayestas filed.
Aug 31 2017	SET FOR ARGUMENT on Monday, October 30, 2017
Sep 07 2017	CIRCULATED
Sep 12 2017	Record requested from the U.S.C.A.5th Circuit.
Sep 28 2017	Record received from the U.S.D.C. Southern District of Texas - Brownsville Division is electronic.
Oct 30 2017	Argued. For petitioner: Lee Kovarsky, Baltimore, Md. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General of Texas, Austin, Tex.
Mar 21 2018	Judgment 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 2018	JUDGMENT ISSUED.

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Ayestas v. Davis

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