Buck v. Davis
| 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.
SCOTUSblog Coverage
- Death-penalty symposium: In search of predictability (Joseph Tartakovsky, June 29, 2017)
- Death-penalty symposium: Supreme Court marks time for a term on capital punishment (Kent Scheidegger, June 28, 2017)
- Death-penalty symposium: Incremental victories for capital defendants but no sweeping change (Carol Steiker and Jordan Steiker, June 28, 2017)
- Death-penalty symposium: Even with this conservative court, some progressive wins remain possible (Brianne Gorod, June 27, 2017)
- Death-penalty symposium: The court keeps treating a fatally diseased death penalty (Brian Stull, June 27, 2017)
- Opinion analysis: Court condemns use of race-based testimony in sentencing (Amy Howe, February 22, 2017)
- Argument analysis: Justices appear inclined to rule in favor of Texas death row inmate in racial bias case (Amy Howe, October 5, 2016)
- Argument preview: Justices to consider role of racial bias in death penalty case (Amy Howe, September 28, 2016)
- Court reopens race and death penalty issues (Lyle Denniston, June 6, 2016)
| 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. |
