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Ayestas v. Davis

Docket No. Argument Opinion Vote Author Term
16-6795 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.

DateProceedings and Orders (key to color coding)
08/05/2016Application (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.
08/10/2016Application (16A130) granted by Justice Thomas extending the time to file until October 24, 2016.
10/14/2016Application (16A130) to extend further the time from October 24, 2016 to November 7, 2016, submitted to Justice Thomas.
10/19/2016Application (16A130) granted by Justice Thomas extending the time to file until November 7, 2016.
11/07/2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2016)
12/05/2016Order extending time to file response to petition to and including January 9, 2017.
12/23/2016Order further extending time to file response to petition to and including February 8, 2017.
02/08/2017Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
02/23/2017DISTRIBUTED for Conference of March 17, 2017.
02/23/2017Reply of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed. (Distributed)
03/20/2017DISTRIBUTED for Conference of March 24, 2017.
03/27/2017DISTRIBUTED for Conference of March 31, 2017.
04/03/2017Motion 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.
04/10/2017Motion to appoint counsel filed by petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea.
05/05/2017Consent to the filing of amicus curiae briefs, support of either party or of neither party, received from counsel for respondent.
05/05/2017Consent to the filing of amicus curiae briefs in support of either party or either party from counsel for the petitioner.
05/12/2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 9, 2017.
05/12/2017The time to file respondent's brief on the merits is extended to and including August 1, 2017.
05/16/2017Motion to appoint counsel DISTRIBUTED for Conference of June 1, 2017.
06/05/2017Motion 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.
06/09/2017Joint appendix filed. (Statement of costs filed)
06/09/2017Brief of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed.
06/16/2017Brief amici curiae of The National Association of Criminal Defense Lawyers,and The American Civil Liberties Union filed.
06/16/2017Brief amicus curiae of The Constitution Project filed.
06/16/2017Brief amicus curiae of The American Bar Association filed.
06/16/2017Brief amicus curiae of The Capital Punishment Center of the University of Texas at Austin School of Law filed.
08/01/2017Brief of respondent Lorie Davis, Director, Texas Dept. of Criminal Justice, Correctional Division filed.
08/08/2017Brief amici curiae of States of Arizona, et al. filed.
08/31/2017Reply of petitioner Carlos Manuel Ayestas filed.
08/31/2017SET FOR ARGUMENT on Monday, October 30, 2017
09/07/2017CIRCULATED
09/12/2017Record requested from the U.S.C.A.5th Circuit.
09/28/2017Record received from the U.S.D.C. Southern District of Texas - Brownsville Division is electronic.
10/30/2017Argued. For petitioner: Lee Kovarsky, Baltimore, Md. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General of Texas, Austin, Tex.
03/21/2018Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined.
04/23/2018JUDGMENT ISSUED.
04/23/2018JUDGMENT ISSUED.