Buck v. Davis

Docket No.	Argument	Opinion	Vote	Author	Term
15-8049	Oct 5, 2016	Feb 22, 2017	6-2	Roberts	OT 2016

Holding: (1) The U.S. Court of Appeals for the 5th Circuit exceeded the limited scope of analysis for a certificate of appealability, which, by statute, follows a two-step process: an initial determination whether a claim is reasonably debatable, and, if so, an appeal in the normal course; and (2) petitioner Duane Buck has demonstrated ineffective assistance of counsel under Strickland v. Washington; and (3) the district court's denial of Buck's motion under Federal Rule of Civil Procedure 60(b)(6) was an abuse of discretion.

Judgment: Reversed and remanded, 6-2, in an opinion by Chief Justice Roberts on February 22, 2017. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

SCOTUSblog Coverage

Death-penalty symposium: In search of predictability (Joseph Tartakovsky, June 29, 2017)
Death-penalty symposium: Incremental victories for capital defendants but no sweeping change (Carol Steiker and Jordan Steiker, June 28, 2017)
Death-penalty symposium: Supreme Court marks time for a term on capital punishment (Kent Scheidegger, June 28, 2017)
Death-penalty symposium: The court keeps treating a fatally diseased death penalty (Brian Stull, June 27, 2017)
Death-penalty symposium: Even with this conservative court, some progressive wins remain possible (Brianne Gorod, June 27, 2017)
Opinion analysis: Court condemns use of race-based testimony in sentencing (Amy Howe, February 22, 2017)
Argument analysis: Justices appear inclined to rule in favor of Texas death row inmate in racial bias case (Amy Howe, October 5, 2016)
Argument preview: Justices to consider role of racial bias in death penalty case (Amy Howe, September 28, 2016)
Court reopens race and death penalty issues (Lyle Denniston, June 6, 2016)

Date	Proceedings and Orders (key to color coding)
02/04/2016	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2016)
03/02/2016	Order extending time to file response to petition to and including March 21, 2016.
03/07/2016	Brief amici curiae of Mark L. Earley, et al. filed.
03/21/2016	Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
04/04/2016	Reply of petitioner Duane Edward Buck filed.
04/07/2016	DISTRIBUTED for Conference of April 22, 2016.
04/15/2016	Rescheduled.
04/25/2016	DISTRIBUTED for Conference of April 29, 2016.
04/27/2016	Rescheduled.
05/09/2016	DISTRIBUTED for Conference of May 12, 2016.
05/11/2016	Rescheduled.
05/16/2016	DISTRIBUTED for Conference of May 19, 2016.
05/23/2016	DISTRIBUTED for Conference of May 26, 2016.
05/31/2016	DISTRIBUTED for Conference of June 2, 2016.
06/06/2016	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
06/09/2016	Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondent.
07/13/2016	SET FOR ARGUMENT on Wednesday, October 5, 2016.
07/14/2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 28, 2016.
07/19/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
07/22/2016	Record requested from U.S.C.A. 5th Circuit.
07/22/2016	Record from U.S.C.A. 5th Circuit is electronic and located on PACER.
07/28/2016	Joint appendix filed. (Statement of costs filed.)
07/28/2016	Brief of petitioner Duane Edward Buck filed.
07/29/2016	Brief amicus curiae of National Black Law Students Association filed.
08/04/2016	Brief amicus curiae of Constitutional Accountability Center filed.
08/04/2016	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
08/04/2016	Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed.
08/04/2016	Brief amici curiae of Former Prosecutors filed.
08/04/2016	Brief amicus curiae of David Boyle filed.
08/19/2016	CIRCULATED.
08/29/2016	Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)
09/28/2016	Reply of petitioner Duane Edward Buck filed. (Distributed)
10/05/2016	Argued. For petitioner: Christina A. Swarns, New York, N. Y. For respondent: Scott A. Keller, Solicitor General, Austin, Tex.
02/22/2017	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
03/27/2017	JUDGMENT ISSUED.