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. |