Davila v. Davis
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-6219 | 5th Cir. | Apr 24, 2017 | Jun 26, 2017 | 5-4 | Thomas | OT 2016 |
Holding: The ineffective assistance of postconviction counsel does not provide cause to excuse the procedural default of ineffective-assistance-of-appellate-counsel claims.
Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on June 26, 2017. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor and Kagan joined.
SCOTUSblog Coverage
- Death-penalty symposium: A court increasingly uncomfortable with the death penalty (Stephen McAllister, June 29, 2017)
- Death-penalty symposium: In search of predictability (Joseph Tartakovsky, June 29, 2017)
- Death-penalty symposium: Supreme Court marks time for a term on capital punishment (Kent Scheidegger, June 28, 2017)
- Death-penalty symposium: Incremental victories for capital defendants but no sweeping change (Carol Steiker and Jordan Steiker, June 28, 2017)
- Death-penalty symposium: Even with this conservative court, some progressive wins remain possible (Brianne Gorod, June 27, 2017)
- Death-penalty symposium: The court keeps treating a fatally diseased death penalty (Brian Stull, June 27, 2017)
- Opinion analysis: In Texas capital case, divided court limits scope of “nested” ineffective-assistance claims (Steve Vladeck, June 27, 2017)
- A "view" from the courtroom: A day for drama on the bench (Mark Walsh, June 26, 2017)
- And then there were six – the remaining cases (Amy Howe, June 23, 2017)
- And then there were nine – the remaining decisions (Amy Howe, June 22, 2017)
- Argument analysis: Justices seem inclined to avoid creating “an enormous hole in the doctrine of procedural default” in nested ineffective-assistance case (Steve Vladeck, April 25, 2017)
- Argument preview: Another Texas capital case raising a nested ineffective assistance of counsel issue (Steve Vladeck, April 17, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
| Date | Proceedings and Orders |
|---|---|
| Sep 22 2016 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2016) |
| Oct 26 2016 | Order extending time to file response to petition to and including November 28, 2016. |
| Nov 23 2016 | Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed. |
| Dec 7 2016 | Reply of petitioner Erick Daniel Davila filed. (Distributed) |
| Dec 8 2016 | DISTRIBUTED for Conference of January 6, 2017. |
| Jan 9 2017 | DISTRIBUTED for Conference of January 13, 2017. |
| Jan 13 2017 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition. |
| Jan 23 2017 | Motion to appoint counsel filed by petitioner Erick Daniel Davila. |
| Feb 8 2017 | DISTRIBUTED for Conference of February 24, 2017. |
| Feb 17 2017 | SET FOR ARGUMENT ON Monday, April 24, 2017 |
| Feb 24 2017 | Record requested from the U.S.C.A. 5th Circuit. |
| Feb 27 2017 | Motion to appoint counsel filed by petitioner GRANTED and Seth Kretzer, Esquire, of Houston, Texas, is appointed to serve as counsel for the petitioner in this case. |
| Feb 27 2017 | Joint appendix filed. (Statement of costs filed) |
| Feb 27 2017 | Brief of petitioner Erick Daniel Davila filed. |
| Mar 2 2017 | Record received from the U.S.C.A. 5th Circuit. The record is electronic and available on PACER. |
| Mar 3 2017 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the Respondent. |
| Mar 6 2017 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Mar 22 2017 | CIRCULATED. |
| Mar 29 2017 | Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed) |
| Mar 30 2017 | Brief amicus curiae of The Criminal Justices Legal Foundation filed. (Distributed) |
| Apr 5 2017 | Brief amici curiae of Nevada, et al. filed. (Distributed) |
| Apr 5 2017 | Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument filed. |
| Apr 13 2017 | Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. Justice Gorsuch took no part in the consideration or decision of this motion. |
| Apr 17 2017 | Reply of petitioner Erick Daniel Davila filed. (Distributed) |
| Apr 24 2017 | Argued. For petitioner: Seth Kretzer, Houston, Tex. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General, Austin, Tex. |
| Jun 26 2017 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| Jul 28 2017 | JUDGMENT ISSUED. |
