Decided

No. 16-6219

Erick Daniel Davila 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.

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.

Argued. For petitioner: Seth Kretzer, Houston, Tex. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General, Austin, Tex.

Reply of petitioner Erick Daniel Davila filed. (Distributed)

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.

Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.

Brief amici curiae of Nevada, et al. filed. (Distributed)

Brief amicus curiae of The Criminal Justices Legal Foundation filed. (Distributed)

Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)

CIRCULATED.

Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.

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

Record received from the U.S.C.A. 5th Circuit. The record is electronic and available on PACER.

Brief of petitioner Erick Daniel Davila filed.

Joint appendix filed. (Statement of costs filed)

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.

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

SET FOR ARGUMENT ON Monday, April 24, 2017

DISTRIBUTED for Conference of February 24, 2017.

Motion to appoint counsel filed by petitioner Erick Daniel Davila.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.

DISTRIBUTED for Conference of January 13, 2017.

DISTRIBUTED for Conference of January 6, 2017.

Reply of petitioner Erick Daniel Davila filed. (Distributed)

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

Order extending time to file response to petition to and including November 28, 2016.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2016)

Parties

Erick Daniel Davila, Petitioner, represented by Seth Kretzer

Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by Scott A. Keller

Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by Katherine D. Hayes

Amici Curiae

National Association of Criminal Defense Lawyers, et al., Amicus Curiae, represented by Seth P. Waxman

Nevada, et al., Amicus Curiae, represented by Joseph Tartakovsky

The Criminal Justices Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

 
Last updated: April 20, 2024