Ayestas v. Davis
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-6795 | 5th Cir. | Oct 30, 2017 | Mar 21, 2018 | 9-0 | Alito | OT 2017 |
Holding: The district court's denial of Carlos Ayestas' request for funding for "reasonably necessary" services of experts, investigators and the like, under 18 U.S.C. § 3599(f), to develop his claim that both his trial and state habeas counsel were ineffective was a judicial decision subject to appellate review under the standard jurisdictional provisions; the U.S. Court of Appeals for the 5th Circuit did not apply the correct legal standard in affirming the denial of that request.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Alito on March 21, 2018. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.
SCOTUSblog Coverage
- OT2017 #19: "This Classroom Is Not Full" (First Mondays, March 26, 2018)
- Opinion analysis: Justices unanimously reverse 5th Circuit on funding for capital habeas petitions (Steve Vladeck, March 22, 2018)
- A "view" from the courtroom: Just another (snowy) workday here (Mark Walsh, March 21, 2018)
- OT2017 #5: "Oglethorpe's Second Cousin" (First Mondays, November 6, 2017)
- Argument analysis: Major capital habeas case appears headed toward narrow reversal (Steve Vladeck, October 31, 2017)
- Argument preview: A subtle but significant dispute over funding federal habeas petitions in capital cases (Steve Vladeck, October 23, 2017)
- Two grants, still no Masterpiece Cakeshop (again) (Amy Howe, April 3, 2017)
| Date | Proceedings and Orders |
|---|---|
| 08/05/2016 | Application (16A130) to extend the time to file a petition for a writ of certiorari from September 8, 2016 to October 24, 2016, submitted to Justice Thomas. |
| 08/10/2016 | Application (16A130) granted by Justice Thomas extending the time to file until October 24, 2016. |
| 10/14/2016 | Application (16A130) to extend further the time from October 24, 2016 to November 7, 2016, submitted to Justice Thomas. |
| 10/19/2016 | Application (16A130) granted by Justice Thomas extending the time to file until November 7, 2016. |
| 11/07/2016 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2016) |
| 12/05/2016 | Order extending time to file response to petition to and including January 9, 2017. |
| 12/23/2016 | Order further extending time to file response to petition to and including February 8, 2017. |
| 02/08/2017 | Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed. |
| 02/23/2017 | DISTRIBUTED for Conference of March 17, 2017. |
| 02/23/2017 | Reply of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed. (Distributed) |
| 03/20/2017 | DISTRIBUTED for Conference of March 24, 2017. |
| 03/27/2017 | DISTRIBUTED for Conference of March 31, 2017. |
| 04/03/2017 | Motion of petitioner to proceed in forma pauperis is granted. The petition for a writ of certiorari is GRANTED limited to Question 2 presented by the petition. |
| 04/10/2017 | Motion to appoint counsel filed by petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea. |
| 05/05/2017 | Consent to the filing of amicus curiae briefs, support of either party or of neither party, received from counsel for respondent. |
| 05/05/2017 | Consent to the filing of amicus curiae briefs in support of either party or either party from counsel for the petitioner. |
| 05/12/2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 9, 2017. |
| 05/12/2017 | The time to file respondent's brief on the merits is extended to and including August 1, 2017. |
| 05/16/2017 | Motion to appoint counsel DISTRIBUTED for Conference of June 1, 2017. |
| 06/05/2017 | Motion to appoint counsel filed by petitioner GRANTED. and Lee B. Kovarsky, Esquire, of Baltimore, Maryland, is appointed to serve as counsel for the petitioner in this case. |
| 06/09/2017 | Joint appendix filed. (Statement of costs filed) |
| 06/09/2017 | Brief of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed. |
| 06/16/2017 | Brief amici curiae of The National Association of Criminal Defense Lawyers,and The American Civil Liberties Union filed. |
| 06/16/2017 | Brief amicus curiae of The Constitution Project filed. |
| 06/16/2017 | Brief amicus curiae of The American Bar Association filed. |
| 06/16/2017 | Brief amicus curiae of The Capital Punishment Center of the University of Texas at Austin School of Law filed. |
| 08/01/2017 | Brief of respondent Lorie Davis, Director, Texas Dept. of Criminal Justice, Correctional Division filed. |
| 08/08/2017 | Brief amici curiae of States of Arizona, et al. filed. |
| 08/31/2017 | Reply of petitioner Carlos Manuel Ayestas filed. |
| 08/31/2017 | SET FOR ARGUMENT on Monday, October 30, 2017 |
| 09/07/2017 | CIRCULATED |
| 09/12/2017 | Record requested from the U.S.C.A.5th Circuit. |
| 09/28/2017 | Record received from the U.S.D.C. Southern District of Texas - Brownsville Division is electronic. |
| 10/30/2017 | Argued. For petitioner: Lee Kovarsky, Baltimore, Md. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General of Texas, Austin, Tex. |
| 03/21/2018 | Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. |
| 04/23/2018 | JUDGMENT ISSUED. |
| 04/23/2018 | JUDGMENT ISSUED. |