Rivers v. Guerrero
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-1345 | 5th Cir. | Mar 31, 2025 | Jun 12, 2025 | 9-0 | Jackson | OT 2024 |
Holding: Once a district court enters its judgment with respect to a first-filed habeas petition, a second-in-time filing qualifies as a “second or successive application” under the Antiterrorism and Effective Death Penalty Act of 1996 properly subject to the requirements of 28 U.S.C. § 2244(b).
Judgment: Affirmed, 9-0, in an opinion by Justice Jackson on June 12, 2025.
SCOTUSblog Coverage
- Supreme Court rejects inmate’s attempt to invalidate his convictions (Amy Howe, June 12, 2025)
- Court sets March argument schedule (Amy Howe, February 10, 2025)
- Personal jurisdiction, habeas, and a possible replacement case (John Elwood, December 6, 2024)
- Justices take up disputes over terrorism damages suits and habeas filings (Amy Howe, December 6, 2024)
| Date | Proceedings and Orders |
|---|---|
| 06/24/2024 | Petition for a writ of certiorari filed. (Response due July 26, 2024) |
| 07/26/2024 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 07/26/2024 | Brief amici curiae of Former Federal Judges filed. |
| 07/26/2024 | Brief amici curiae of Legal Scholars Lee Kovarsky, et al. filed. |
| 08/07/2024 | DISTRIBUTED for Conference of 9/30/2024. |
| 08/12/2024 | Response Requested. (Due September 11, 2024) |
| 08/29/2024 | Motion to extend the time to file a response from September 11, 2024 to October 11, 2024, submitted to The Clerk. |
| 08/30/2024 | Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2024. |
| 10/11/2024 | Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice in opposition filed. |
| 10/29/2024 | Reply of petitioner Danny Richard Rivers filed. (Distributed) |
| 10/30/2024 | DISTRIBUTED for Conference of 11/15/2024. |
| 11/14/2024 | Rescheduled. |
| 11/18/2024 | DISTRIBUTED for Conference of 11/22/2024. |
| 12/02/2024 | DISTRIBUTED for Conference of 12/6/2024. |
| 12/06/2024 | Petition GRANTED. |
| 01/21/2025 | Brief of petitioner Danny Richard Rivers filed. |
| 01/21/2025 | Joint appendix filed. (Statement of costs filed) |
| 01/28/2025 | Brief amici curiae of National Association of Federal Defenders and National Association of Criminal Defense Lawyers filed. |
| 01/28/2025 | Brief amici curiae of Professor Lee Kovarsky, et al. filed. (Corrected version) |
| 01/28/2025 | Brief amici curiae of Former Federal Judges filed. |
| 01/28/2025 | Brief amici curiae of Former Federal and State Prosecutors filed. |
| 01/28/2025 | Brief amicus curiae of Phillips Black, Inc. filed. |
| 01/28/2025 | Amici brief of Professor Lee Kovarsky, et al. not accepted for filing. (To be corrected - January 31, 2025) |
| 02/10/2025 | SET FOR ARGUMENT on Monday, March 31, 2025. |
| 02/13/2025 | Record requested from the United States Court of Appeals for the Fifth Circuit. |
| 02/18/2025 | Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER. |
| 02/19/2025 | Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk. |
| 02/19/2025 | CIRCULATED |
| 02/20/2025 | Brief of respondent Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed) |
| 02/27/2025 | Brief amicus curiae of United States filed. (Distributed) |
| 02/27/2025 | Brief amicus curiae of Senator John Cornyn filed. (Distributed) |
| 02/27/2025 | Brief amici curiae of Arkansas, et al. filed. (Distributed) |
| 02/27/2025 | Brief amici curiae of Pennsylvania, et al. filed. (Distributed) |
| 02/27/2025 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| 02/27/2025 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/10/2025 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/20/2025 | Reply of petitioner Danny Richard Rivers filed. (Distributed) |
| 03/31/2025 | Argued. For petitioner: Peter A. Bruland, Washington, D. C. For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/12/2025 | Adjudged to be AFFIRMED. Jackson, J., delivered the opinion for a unanimous Court. |
| 07/14/2025 | Judgment Issued. |