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Rivers v. Guerrero

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