Buck v. Davis

Docket No. Op. Below Argument Opinion Vote Author Term
15-8049 5th Cir. Oct 5, 2016
Tr.Aud. 		Feb 22, 2017 6-2 Roberts OT 2016

Holding: (1) The U.S. Court of Appeals for the 5th Circuit exceeded the limited scope of analysis for a certificate of appealability, which, by statute, follows a two-step process: an initial determination whether a claim is reasonably debatable, and, if so, an appeal in the normal course; and (2) petitioner Duane Buck has demonstrated ineffective assistance of counsel under Strickland v. Washington; and (3) the district court's denial of Buck's motion under Federal Rule of Civil Procedure 60(b)(6) was an abuse of discretion.

Judgment: Reversed and remanded, 6-2, in an opinion by Chief Justice Roberts on February 22, 2017. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 4 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2016)
Mar 2 2016Order extending time to file response to petition to and including March 21, 2016.
Mar 7 2016Brief amici curiae of Mark L. Earley, et al. filed.
Mar 21 2016Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Apr 4 2016Reply of petitioner Duane Edward Buck filed.
Apr 7 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 15 2016Rescheduled.
Apr 25 2016DISTRIBUTED for Conference of April 29, 2016.
Apr 27 2016Rescheduled.
May 9 2016DISTRIBUTED for Conference of May 12, 2016.
May 11 2016Rescheduled.
May 16 2016DISTRIBUTED for Conference of May 19, 2016.
May 23 2016DISTRIBUTED for Conference of May 26, 2016.
May 31 2016DISTRIBUTED for Conference of June 2, 2016.
Jun 6 2016Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 9 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondent.
Jul 13 2016SET FOR ARGUMENT on Wednesday, October 5, 2016.
Jul 14 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 28, 2016.
Jul 19 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 22 2016Record requested from U.S.C.A. 5th Circuit.
Jul 22 2016Record from U.S.C.A. 5th Circuit is electronic and located on PACER.
Jul 28 2016Joint appendix filed. (Statement of costs filed.)
Jul 28 2016Brief of petitioner Duane Edward Buck filed.
Jul 29 2016Brief amicus curiae of National Black Law Students Association filed.
Aug 4 2016Brief amicus curiae of Constitutional Accountability Center filed.
Aug 4 2016Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Aug 4 2016Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed.
Aug 4 2016Brief amici curiae of Former Prosecutors filed.
Aug 4 2016Brief amicus curiae of David Boyle filed.
Aug 19 2016CIRCULATED.
Aug 29 2016Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)
Sep 28 2016Reply of petitioner Duane Edward Buck filed. (Distributed)
Oct 5 2016Argued. For petitioner: Christina A. Swarns, New York, N. Y. For respondent: Scott A. Keller, Solicitor General, Austin, Tex.
Feb 22 2017Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
Mar 27 2017JUDGMENT ISSUED.
 
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