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Crutsinger v. Davis

Petition for certiorari denied on September 4, 2019

Docket No. Op. Below Argument Opinion Vote Author Term
19-5755 5th Cir. N/A N/A N/A N/A OT 2019

Issue: (1) Whether in ruling on a 60(b) motion for relief from judgment, a court can consider "a change in the law" as one of many wide-range of factors, in determining whether extraordinary circumstances are present, warranting relief from judgment; and (2) whether an allegation that an indigent, death-sentenced habeas applicant has been deprived of his statutory right to representation in a 28 U.S.C. § 2254 federal habeas corpus proceeding is an allegation that there existed a structural defect in the integrity of the proceeding, and whether an applicant can challenge that structural defect in a Motion for Relief From the Judgment under Fed. R. Civ. P. 60(b).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/29/2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)
08/29/2019Application (19A237) for a stay of execution of sentence of death, submitted to Justice Alito.
09/03/2019Brief of respondent Lorie Davis in opposition filed.
09/03/2019Response to application from respondent Lorie Davis filed.
09/04/2019Reply of petitioner Billy J. Crutsinger filed.
09/04/2019Application (19A237) referred to the Court.
09/04/2019Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
09/04/2019Application (19A237) denied by the Court.