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. |
Justice Sonia Sotomayor dissents, says immigrant is asking only for "the small grace, to which he is legally entitled, of being allowed to remain in the country while he pursues his substantial claims for relief" https://twitter.com/AHoweBlogger/status/1352779432881217537
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
Today we Tok’d about cert petitions and the court’s private conference.
Tell us. How do you pronounce certiorari?
We expect orders from the court’s private conference today on Monday morning at 9:30 a.m. EST. Opinions at 10:00 a.m. EST.
Good news! The court will continue live audio streaming for its February sitting.
#SCOTUS announces that during the February argument session, which begins on 2/22, it will once again hear oral arguments by phone, w/live audio available to the public, b/c of COVID-19 pandemic: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_01-22-21
Check out the latest Relist Watch from @johnpelwood.
TEN new relists -- including 6 involving Pres. Trump/Trump Admin initiatives that strangely skipped the Jan. 15 conference: Emoluments Clause suits, Public Charge Rule, Title X abortion/counseling rule. Plus a call to revisit regulatory takings & Nevada's COVID restrictions. https://twitter.com/SCOTUSblogposts/status/1352358829317648384
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