from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
JUDGMENT ISSUED.
The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The June 12, 2020 order of the United States Court of Appeals for the Fifth Circuit granting the motion to vacate the stay of execution previously issued by the United States District Court for the Southern District of Texas is vacated. The case is remanded to the Court of Appeals with instructions to remand the case to the District Court for further and prompt consideration of the merits of petitioner’s underlying claims regarding the presence of a spiritual advisor in the execution chamber in light of the District Court’s November 24, 2020 findings of fact. Although this Court’s stay of execution shall terminate upon the sending down of the judgment of this Court, the disposition of the petition for a writ of certiorari is without prejudice to a renewed application regarding a stay of execution should petitioner’s execution be rescheduled before resolution of his claims regarding the ...
Supplemental brief of respondents Bryan Collier, et al. filed. (Distributed)
Rescheduled.
Supplemental brief of petitioner Ruben Gutierrez filed. (Distributed)
Motion for Leave to File District Court's Order of Ruben Gutierrez not accepted for filing. (December 09, 2020)
Rescheduled.
Rescheduled.
Rescheduled.
Rescheduled.
Rescheduled.
Rescheduled.
Rescheduled.
Application (19A1052) granted by the Court. The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. The District Court should promptly determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution.
Application (19A1052) referred to the Court.
Reply of petitioner Ruben Gutierrez filed.
Brief of respondents Bryan Collier, et al. in opposition filed.
Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Texas Catholic Conference of Bishops.
Application (19A1052) for a stay of execution of sentence of death, submitted to Justice Alito.
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020)
Ruben Gutierrez, Petitioner, represented by Matthew C. Lawry
Bryan Collier, et al., Respondent, represented by Jefferson David Clendenin