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Davila v. Davis

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Docket No. Op. Below Argument Opinion Vote Author Term
16-6219 5th Cir. Apr 24, 2017 Jun 26, 2017 5-4 Thomas OT 2016

Holding: The ineffective assistance of postconviction counsel does not provide cause to excuse the procedural default of ineffective-assistance-of-appellate-counsel claims.

Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on June 26, 2017. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 22 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2016)
Oct 26 2016Order extending time to file response to petition to and including November 28, 2016.
Nov 23 2016Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Dec 7 2016Reply of petitioner Erick Daniel Davila filed. (Distributed)
Dec 8 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Jan 23 2017Motion to appoint counsel filed by petitioner Erick Daniel Davila.
Feb 8 2017DISTRIBUTED for Conference of February 24, 2017.
Feb 17 2017SET FOR ARGUMENT ON Monday, April 24, 2017
Feb 24 2017Record requested from the U.S.C.A. 5th Circuit.
Feb 27 2017Motion to appoint counsel filed by petitioner GRANTED and Seth Kretzer, Esquire, of Houston, Texas, is appointed to serve as counsel for the petitioner in this case.
Feb 27 2017Joint appendix filed. (Statement of costs filed)
Feb 27 2017Brief of petitioner Erick Daniel Davila filed.
Mar 2 2017Record received from the U.S.C.A. 5th Circuit. The record is electronic and available on PACER.
Mar 3 2017Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the Respondent.
Mar 6 2017Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Mar 22 2017CIRCULATED.
Mar 29 2017Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)
Mar 30 2017Brief amicus curiae of The Criminal Justices Legal Foundation filed. (Distributed)
Apr 5 2017Brief amici curiae of Nevada, et al. filed. (Distributed)
Apr 5 2017Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Apr 13 2017Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. Justice Gorsuch took no part in the consideration or decision of this motion.
Apr 17 2017Reply of petitioner Erick Daniel Davila filed. (Distributed)
Apr 24 2017Argued. For petitioner: Seth Kretzer, Houston, Tex. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General, Austin, Tex.
Jun 26 2017Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jul 28 2017JUDGMENT ISSUED.