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Banister v. Davis

Docket No. Op. Below Argument Opinion Vote Author Term
18-6943 5th Cir. Dec 4, 2019 Jun 1, 2020 7-2 Kagan OT 2019

Holding: A Federal Rule of Civil Procedure 59(e) motion to alter or amend a habeas court"s judgment is not a second or successive habeas petition under 28 U. S. C. " 2244(b).

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kagan on June 1, 2020. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/17/2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)
01/17/2019DISTRIBUTED for Conference of 2/15/2019.
01/28/2019Response Requested. (Due February 27, 2019)
02/27/2019Motion to extend the time to file a response from February 27, 2019 to April 26, 2019, submitted to The Clerk.
03/01/2019Motion to extend the time to file a response is granted in part, and the time is extended to and including April 10, 2019.
03/29/2019Letter from counsel for petitioner received.
04/10/2019Brief of respondent Lorie Davis, Director TDCJ in opposition filed.
04/24/2019DISTRIBUTED for Conference of 5/9/2019.
04/24/2019Reply of petitioner Gregory Dean Banister filed. (Distributed)
05/06/2019Rescheduled.
05/29/2019DISTRIBUTED for Conference of 6/13/2019.
06/17/2019DISTRIBUTED for Conference of 6/20/2019.
06/24/2019Motion to proceed in forma pauperis GRANTED, and petition for a writ of certiorari GRANTED limited to the following question: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U. S. 524 (2005).
07/10/2019Joint motion for an extension of time to file the briefs on the merits filed.
07/17/2019Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2019. The time to file respondent's brief on the merits is extended to and including October 18, 2019.
08/26/2019Joint appendix filed. (Statement of costs filed)
08/26/2019Brief of petitioner Gregory Dean Banister filed.
08/30/2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
09/03/2019Brief amici curiae of Law Professors with Expertise in Habeas Corpus and Civil Procedure filed.
09/13/2019SET FOR ARGUMENT on Wednesday, December 4, 2019.
10/18/2019Brief of respondent Lorie Davis, Director TDCJ filed.
10/23/2019Record requested from the U.S.C.A. 5th Circuit.
10/23/2019The Record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
10/25/2019CIRCULATED
10/25/2019Brief amicus curiae of United States filed. (Distributed)
10/25/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/25/2019Brief amici curiae of States of Indiana, et al. filed. (Distributed)
11/12/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/18/2019Reply of petitioner Gregory Dean Banister filed. (Distributed)
12/04/2019Argued. For petitioner: Brian T. Burgess, Washington, D. C. For respondent: Kyle D. Hawkins, Solicitor General, Austin, Tex.; and Benjamin Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
06/01/2020Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.
07/06/2020JUDGMENT ISSUED.