Decided

No. 16-6795

Carlos Manuel Ayestas, aka Dennis Zelaya Corea v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined.

Argued. For petitioner: Lee Kovarsky, Baltimore, Md. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General of Texas, Austin, Tex.

Record received from the U.S.D.C. Southern District of Texas - Brownsville Division is electronic.

Record requested from the U.S.C.A.5th Circuit.

CIRCULATED

SET FOR ARGUMENT on Monday, October 30, 2017

Reply of petitioner Carlos Manuel Ayestas filed.

Brief amici curiae of States of Arizona, et al. filed.

Brief of respondent Lorie Davis, Director, Texas Dept. of Criminal Justice, Correctional Division filed.

Brief amicus curiae of The Capital Punishment Center of the University of Texas at Austin School of Law filed.

Brief amicus curiae of The American Bar Association filed.

Brief amicus curiae of The Constitution Project filed.

Brief amici curiae of The National Association of Criminal Defense Lawyers,and The American Civil Liberties Union filed.

Brief of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed.

Joint appendix filed. (Statement of costs filed)

Motion to appoint counsel filed by petitioner GRANTED. and Lee B. Kovarsky, Esquire, of Baltimore, Maryland, is appointed to serve as counsel for the petitioner in this case.

Motion to appoint counsel DISTRIBUTED for Conference of June 1, 2017.

The time to file respondent's brief on the merits is extended to and including August 1, 2017.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 9, 2017.

Consent to the filing of amicus curiae briefs in support of either party or either party from counsel for the petitioner.

Consent to the filing of amicus curiae briefs, support of either party or of neither party, received from counsel for respondent.

Motion to appoint counsel filed by petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea.

Motion of petitioner to proceed in forma pauperis is granted. The petition for a writ of certiorari is GRANTED limited to Question 2 presented by the petition.

DISTRIBUTED for Conference of March 31, 2017.

DISTRIBUTED for Conference of March 24, 2017.

Reply of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed. (Distributed)

DISTRIBUTED for Conference of March 17, 2017.

Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.

Order further extending time to file response to petition to and including February 8, 2017.

Order extending time to file response to petition to and including January 9, 2017.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2016)

Application (16A130) granted by Justice Thomas extending the time to file until November 7, 2016.

Application (16A130) to extend further the time from October 24, 2016 to November 7, 2016, submitted to Justice Thomas.

Application (16A130) granted by Justice Thomas extending the time to file until October 24, 2016.

Application (16A130) to extend the time to file a petition for a writ of certiorari from September 8, 2016 to October 24, 2016, submitted to Justice Thomas.

Parties

Carlos Manuel Ayestas, Petitioner, represented by Lee Kovarsky

Davis, Dir., TX DCJ, Respondent, represented by Scott A Keller

Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by Jeremy C. Greenwell

Amici Curiae

States of Arizona, et al., Amicus Curiae, represented by Dominic Emil Draye

The American Bar Association, Amicus Curiae, represented by Linda A. Klein

The Capital Punishment Center of the University of Texas at Austin School of Law, Amicus Curiae, represented by Jordan Steiker

The Constitution Project, Amicus Curiae, represented by Eugene Alexis Sokoloff

The National Association of Criminal Defense Lawyers and the American Civil Liberties Union, Amicus Curiae, represented by Jessica Ring Amunson

 
Last updated: March 28, 2024