|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.
|Date||Proceedings and Orders |
|Sep 22 2016||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2016)|
|Oct 26 2016||Order extending time to file response to petition to and including November 28, 2016.|
|Nov 23 2016||Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.|
|Dec 7 2016||Reply of petitioner Erick Daniel Davila filed. (Distributed)|
|Dec 8 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 13 2017||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.|
|Jan 23 2017||Motion to appoint counsel filed by petitioner Erick Daniel Davila.|
|Feb 8 2017||DISTRIBUTED for Conference of February 24, 2017.|
|Feb 17 2017||SET FOR ARGUMENT ON Monday, April 24, 2017|
|Feb 24 2017||Record requested from the U.S.C.A. 5th Circuit.|
|Feb 27 2017||Motion 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 2017||Joint appendix filed. (Statement of costs filed)|
|Feb 27 2017||Brief of petitioner Erick Daniel Davila filed.|
|Mar 2 2017||Record received from the U.S.C.A. 5th Circuit. The record is electronic and available on PACER.|
|Mar 3 2017||Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the Respondent.|
|Mar 6 2017||Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.|
|Mar 22 2017||CIRCULATED.|
|Mar 29 2017||Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)|
|Mar 30 2017||Brief amicus curiae of The Criminal Justices Legal Foundation filed. (Distributed)|
|Apr 5 2017||Brief amici curiae of Nevada, et al. filed. (Distributed)|
|Apr 5 2017||Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.|
|Apr 13 2017||Motion 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 2017||Reply of petitioner Erick Daniel Davila filed. (Distributed)|
|Apr 24 2017||Argued. For petitioner: Seth Kretzer, Houston, Tex. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General, Austin, Tex.|
|Jun 26 2017||Adjudged 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 2017||JUDGMENT ISSUED.|
A rule that allows SCOTUS to hear cases before appeals courts weigh in used to be very rare. But in the past three years, it's become far more common. And the justices haven't said why.
@steve_vladeck explains the resurgent writ of "cert before judgment."
The rise of certiorari before judgment - SCOTUSblog
For obvious reasons, the Supreme Court’s decision on Monday to grant certiorari in a pair of cases challenging...
Sonia Sotomayor appeared this morning on @TODAYshow to promote her new children's book, "Just Help!: How to Build a Better World." She spoke briefly about the public's perception of the court. Here's the interview: https://www.today.com/video/justice-sotomayor-on-new-book-supreme-court-s-credibility-loss-of-her-mother-131639365722
Today's big cert grant in a TikTok minute.
In a unanimous ruling, SCOTUS revives a lawsuit against Northwestern University under the Employee Retirement Income Security Act. Current and former employees argue that the university is violating its fiduciary duties in the administration of its retirement investment plans.
BREAKING: The Supreme Court agrees to hear a pair of cases that challenge the race-based affirmative action policies for admission at Harvard University and the University of North Carolina. The cases likely will be argued next term.
Live now: https://www.scotusblog.com/2022/01/announcement-of-orders-and-opinions-for-monday-january-24/
Today at SCOTUS: The court will issue orders on pending petitions at 9:30 a.m. EST, followed by opinions in argued cases starting at 10 a.m.
We'll be live-blogging the developments in real time. Bring your coffee & your SCOTUS questions and come join us: https://www.scotusblog.com/2022/01/announcement-of-orders-and-opinions-for-monday-january-24/