Certiorari Granted

No. 18-6943

Gregory Dean Banister 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

SET FOR ARGUMENT on Wednesday, December 4, 2019.

Brief amici curiae of Law Professors with Expertise in Habeas Corpus and Civil Procedure filed.

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

Brief of petitioner Gregory Dean Banister filed.

Joint appendix filed. (Statement of costs filed)

Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2019. The time to file respondent's brief on the merits is extended to and including October 18, 2019.

Joint motion for an extension of time to file the briefs on the merits filed.

Motion to proceed in forma pauperis GRANTED, and petition for a writ of certiorari GRANTED limited to the following question: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U. S. 524 (2005).

DISTRIBUTED for Conference of 6/20/2019.

Rescheduled.

DISTRIBUTED for Conference of 5/9/2019.

Brief of respondent Lorie Davis, Director TDCJ in opposition filed.

Letter from counsel for petitioner received.

Motion to extend the time to file a response is granted in part, and the time is extended to and including April 10, 2019.

Motion to extend the time to file a response from February 27, 2019 to April 26, 2019, submitted to The Clerk.

Response Requested. (Due February 27, 2019)

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)

Parties

Gregory Dean Banister, Petitioner, represented by Brian Timothy Burgess

Gregory Dean Banister, Petitioner, pro se

Lorie Davis, Director TDCJ, Respondent, represented by Kyle Douglas Hawkins

Lorie Davis, Director TDCJ, Respondent, represented by Joseph Peter Corcoran

Lorie Davis, Director TDCJ, Respondent, represented by Susan Frances San Miguel

Amici Curiae

Law Professors with Expertise in Habeas Corpus and Civil Procedure, Amicus Curiae, represented by Charlotte Hemenway Taylor

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Barbara Ellen Bergman

 
Last updated: September 14, 2019