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Banister v. Davis

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Docket No. Op. Below Argument Opinion Vote Author Term
18-6943 5th Cir. 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

DateProceedings and Orders (key to color coding)
Sep 17 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)
Jan 17 2019DISTRIBUTED for Conference of 2/15/2019.
Jan 28 2019Response Requested. (Due February 27, 2019)
Feb 27 2019Motion to extend the time to file a response from February 27, 2019 to April 26, 2019, submitted to The Clerk.
Mar 01 2019Motion to extend the time to file a response is granted in part, and the time is extended to and including April 10, 2019.
Mar 29 2019Letter from counsel for petitioner received.
Apr 10 2019Brief of respondent Lorie Davis, Director TDCJ in opposition filed.
Apr 24 2019DISTRIBUTED for Conference of 5/9/2019.
Apr 24 2019Reply of petitioner Gregory Dean Banister filed. (Distributed)
May 06 2019Rescheduled.
May 29 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 24 2019Motion 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).
Jul 10 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jul 17 2019Joint 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.
Aug 26 2019Joint appendix filed. (Statement of costs filed)
Aug 26 2019Brief of petitioner Gregory Dean Banister filed.
Aug 30 2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 03 2019Brief amici curiae of Law Professors with Expertise in Habeas Corpus and Civil Procedure filed.
Sep 13 2019SET FOR ARGUMENT on Wednesday, December 4, 2019.
Oct 18 2019Brief of respondent Lorie Davis, Director TDCJ filed.
Oct 23 2019Record requested from the U.S.C.A. 5th Circuit.
Oct 23 2019The Record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Oct 25 2019CIRCULATED
Oct 25 2019Brief amicus curiae of United States filed. (Distributed)
Oct 25 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 25 2019Brief amici curiae of States of Indiana, et al. filed. (Distributed)
Nov 12 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 18 2019Reply of petitioner Gregory Dean Banister filed. (Distributed)
Dec 04 2019Argued. 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.)
Jun 01 2020Judgment 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.
Jul 06 2020JUDGMENT ISSUED.