Decided

No. 10-895

Rafael Arriaza Gonzalez v. Rick Thaler, 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

Record returned to U.D.C. for the Northern District of Texas.

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion.

Letter from Counsel for the petitioner filed. (Distributed)

Argued. For petitioner: Patricia A. Millett, Washington, D. C. For respondent: Jonathan F. Mitchell, Solicitor General, Austin, Tex.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United State...

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Reply of petitioner Rafael Arriaza Gonzalez filed. (Distributed)

Brief amicus curiae of the United States filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

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

CIRCULATED.

Record received from U.S.D.c. for Northern District of Texas. (1 box)

Brief amicus curiae of The Rutherford Institute filed.

Brief amici curiae of National Association of Criminal Defense Lawyers and the Innocence Network filed.

Record from U.S.C.A. for 5th Circuit is electronic.

SET FOR ARGUMENTS ON Wednesday, November 2, 2011

SET FOR ARGUMENT ON Wednesday, November 2, 2011

Brief of petitioner Rafael Arriaza Gonzalez filed.

Joint appendix filed. (Statement of costs filed)

Joint appendix filed.

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

The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 5, 2011.

The time to file respondent's brief on the merits is extended to and including September 14, 2011.

Petition GRANTED limited to the following questions: 1. Was there jurisdiction to issue a certificate of appealability under 28 U. S. C. �2253(c) and to adjudicate petitioner�s appeal 2. Was the application for a writ of habeas corpus out of time ... (orders list)

DISTRIBUTED for Conference of June 9, 2011.

DISTRIBUTED for Conference of June 2, 2011.

Reply of petitioner Rafael Arriaza Gonzalez filed.

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

Order extending time to file response to petition to and including May 4, 2011.

Response Requested . (Due April 4, 2011)

DISTRIBUTED for Conference of March 18, 2011.

Petition for a writ of certiorari filed. (Response due February 10, 2011)

Parties

Rafael Arriaza Gonzalez, Petitioner, represented by Patricia A. Millett

Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by Jefferson David Clendenin

Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by Jonathan F. Mitchell

Amici Curiae

National Association of Criminal Defense Lawyers and the Innocence Network, Amicus Curiae, represented by Douglas Hallward-Driemeier

Rafael Arriaza Gonzalez v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Amicus Curiae, represented by Ann O'Connell

The Rutherford Institute, Amicus Curiae, represented by John W. Whitehead

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

 
Last updated: September 20, 2012