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Rivers v. Guerrero

Docket No. Op. Below Argument Opinion Vote Author Term
23-1345 5th Cir. Mar 31, 2025 TBD TBD TBD OT 2024

Issue: Whether 28 U.S.C. § 2244(b)(2) applies only to habeas filings made after a prisoner has exhausted appellate review of his first petition, to all second-in-time habeas filings after final judgment, or to some second-in-time filings " depending on a prisoner"s success on appeal or ability to satisfy a seven-factor test.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/24/2024Petition for a writ of certiorari filed. (Response due July 26, 2024)
07/26/2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
07/26/2024Brief amici curiae of Former Federal Judges filed.
07/26/2024Brief amici curiae of Legal Scholars Lee Kovarsky, et al. filed.
08/07/2024DISTRIBUTED for Conference of 9/30/2024.
08/12/2024Response Requested. (Due September 11, 2024)
08/29/2024Motion to extend the time to file a response from September 11, 2024 to October 11, 2024, submitted to The Clerk.
08/30/2024Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2024.
10/11/2024Brief of respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice in opposition filed.
10/29/2024Reply of petitioner Danny Richard Rivers filed. (Distributed)
10/30/2024DISTRIBUTED for Conference of 11/15/2024.
11/14/2024Rescheduled.
11/18/2024DISTRIBUTED for Conference of 11/22/2024.
12/02/2024DISTRIBUTED for Conference of 12/6/2024.
12/06/2024Petition GRANTED.
01/21/2025Brief of petitioner Danny Richard Rivers filed.
01/21/2025Joint appendix filed. (Statement of costs filed)
01/28/2025Brief amici curiae of National Association of Federal Defenders and National Association of Criminal Defense Lawyers filed.
01/28/2025Brief amici curiae of Professor Lee Kovarsky, et al. filed. (Corrected version)
01/28/2025Brief amici curiae of Former Federal Judges filed.
01/28/2025Brief amici curiae of Former Federal and State Prosecutors filed.
01/28/2025Brief amicus curiae of Phillips Black, Inc. filed.
01/28/2025Amici brief of Professor Lee Kovarsky, et al. not accepted for filing. (To be corrected - January 31, 2025)
02/10/2025SET FOR ARGUMENT on Monday, March 31, 2025.
02/13/2025Record requested from the United States Court of Appeals for the Fifth Circuit.
02/18/2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
02/19/2025Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
02/19/2025CIRCULATED
02/20/2025Brief of respondent Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)
02/27/2025Brief amicus curiae of United States filed. (Distributed)
02/27/2025Brief amicus curiae of Senator John Cornyn filed. (Distributed)
02/27/2025Brief amici curiae of Arkansas, et al. filed. (Distributed)
02/27/2025Brief amici curiae of Pennsylvania, et al. filed. (Distributed)
02/27/2025Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
02/27/2025Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/10/2025Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
03/20/2025Reply of petitioner Danny Richard Rivers filed. (Distributed)
03/31/2025Argued. For petitioner: Peter A. Bruland, Washington, D. C. For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)