|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-8049||5th Cir.||Oct 5, 2016||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.
|Date||Proceedings and Orders |
|Feb 4 2016||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2016)|
|Mar 2 2016||Order extending time to file response to petition to and including March 21, 2016.|
|Mar 7 2016||Brief amici curiae of Mark L. Earley, et al. filed.|
|Mar 21 2016||Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.|
|Apr 4 2016||Reply of petitioner Duane Edward Buck filed.|
|Apr 7 2016||DISTRIBUTED for Conference of April 22, 2016.|
|Apr 15 2016||Rescheduled.|
|Apr 25 2016||DISTRIBUTED for Conference of April 29, 2016.|
|Apr 27 2016||Rescheduled.|
|May 9 2016||DISTRIBUTED for Conference of May 12, 2016.|
|May 11 2016||Rescheduled.|
|May 16 2016||DISTRIBUTED for Conference of May 19, 2016.|
|May 23 2016||DISTRIBUTED for Conference of May 26, 2016.|
|May 31 2016||DISTRIBUTED for Conference of June 2, 2016.|
|Jun 6 2016||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.|
|Jun 9 2016||Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondent.|
|Jul 13 2016||SET FOR ARGUMENT on Wednesday, October 5, 2016.|
|Jul 14 2016||The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 28, 2016.|
|Jul 19 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.|
|Jul 22 2016||Record requested from U.S.C.A. 5th Circuit.|
|Jul 22 2016||Record from U.S.C.A. 5th Circuit is electronic and located on PACER.|
|Jul 28 2016||Joint appendix filed. (Statement of costs filed.)|
|Jul 28 2016||Brief of petitioner Duane Edward Buck filed.|
|Jul 29 2016||Brief amicus curiae of National Black Law Students Association filed.|
|Aug 4 2016||Brief amicus curiae of Constitutional Accountability Center filed.|
|Aug 4 2016||Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.|
|Aug 4 2016||Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed.|
|Aug 4 2016||Brief amici curiae of Former Prosecutors filed.|
|Aug 4 2016||Brief amicus curiae of David Boyle filed.|
|Aug 19 2016||CIRCULATED.|
|Aug 29 2016||Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)|
|Sep 28 2016||Reply of petitioner Duane Edward Buck filed. (Distributed)|
|Oct 5 2016||Argued. For petitioner: Christina A. Swarns, New York, N. Y. For respondent: Scott A. Keller, Solicitor General, Austin, Tex.|
|Feb 22 2017||Judgment 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 2017||JUDGMENT ISSUED.|
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