Banister v. Davis

Docket No.	Argument	Opinion	Vote	Author	Term
18-6943	Dec 4, 2019	Jun 1, 2020	7-2	Kagan	OT 2019

Holding: A Federal Rule of Civil Procedure 59(e) motion to alter or amend a habeas court"s judgment is not a second or successive habeas petition under 28 U. S. C. " 2244(b).

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kagan on June 1, 2020. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

Opinion analysis: Justices reaffirm distinction between first and second habeas petitions (Steve Vladeck, June 3, 2020)
Live blog of orders and opinions (Update: Completed) (Kalvis Golde, June 1, 2020)
Argument analysis: Justices seem likely to side with Texas prisoner in important habeas case (Steve Vladeck, December 6, 2019)
Argument preview: Justices to consider when a Rule 59 motion is actually a second-or-successive habeas petition (Steve Vladeck, November 27, 2019)
Overview of the courts criminal docket for OT 19 sizeable and significant (Rory Little, September 9, 2019)
Justices bulk up next terms docket (Amy Howe, June 24, 2019)
Relist Watch (John Elwood, June 20, 2019)

Date	Proceedings and Orders (key to color coding)
09/17/2018	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)
01/17/2019	DISTRIBUTED for Conference of 2/15/2019.
01/28/2019	Response Requested. (Due February 27, 2019)
02/27/2019	Motion to extend the time to file a response from February 27, 2019 to April 26, 2019, submitted to The Clerk.
03/01/2019	Motion to extend the time to file a response is granted in part, and the time is extended to and including April 10, 2019.
03/29/2019	Letter from counsel for petitioner received.
04/10/2019	Brief of respondent Lorie Davis, Director TDCJ in opposition filed.
04/24/2019	DISTRIBUTED for Conference of 5/9/2019.
04/24/2019	Reply of petitioner Gregory Dean Banister filed. (Distributed)
05/06/2019	Rescheduled.
05/29/2019	DISTRIBUTED for Conference of 6/13/2019.
06/17/2019	DISTRIBUTED for Conference of 6/20/2019.
06/24/2019	Motion to proceed in forma pauperis GRANTED, and petition for a writ of certiorari GRANTED limited to the following question: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U. S. 524 (2005).
07/10/2019	Joint motion for an extension of time to file the briefs on the merits filed.
07/17/2019	Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2019. The time to file respondent's brief on the merits is extended to and including October 18, 2019.
08/26/2019	Joint appendix filed. (Statement of costs filed)
08/26/2019	Brief of petitioner Gregory Dean Banister filed.
08/30/2019	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
09/03/2019	Brief amici curiae of Law Professors with Expertise in Habeas Corpus and Civil Procedure filed.
09/13/2019	SET FOR ARGUMENT on Wednesday, December 4, 2019.
10/18/2019	Brief of respondent Lorie Davis, Director TDCJ filed.
10/23/2019	Record requested from the U.S.C.A. 5th Circuit.
10/23/2019	The Record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
10/25/2019	CIRCULATED
10/25/2019	Brief amicus curiae of United States filed. (Distributed)
10/25/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/25/2019	Brief amici curiae of States of Indiana, et al. filed. (Distributed)
11/12/2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/18/2019	Reply of petitioner Gregory Dean Banister filed. (Distributed)
12/04/2019	Argued. For petitioner: Brian T. Burgess, Washington, D. C. For respondent: Kyle D. Hawkins, Solicitor General, Austin, Tex.; and Benjamin Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
06/01/2020	Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.
07/06/2020	JUDGMENT ISSUED.