| No. 16-6795 *** CAPITAL CASE *** | |
| Title: | Carlos Manuel Ayestas, aka Dennis Zelaya Corea, Petitioner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
| Docketed: | November 9, 2016 |
| Linked with 16A130 | |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (15-70015) |
| Decision Date: | March 22, 2016 |
| Rehearing Denied: | June 10, 2016 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Aug 05 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. |
| Aug 10 2016 | Application (16A130) granted by Justice Thomas extending the time to file until October 24, 2016. |
| Oct 14 2016 | Application (16A130) to extend further the time from October 24, 2016 to November 7, 2016, submitted to Justice Thomas. |
| Oct 19 2016 | Application (16A130) granted by Justice Thomas extending the time to file until November 7, 2016. |
| Nov 07 2016 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2016) |
| Dec 05 2016 | Order extending time to file response to petition to and including January 9, 2017. |
| Dec 23 2016 | Order further extending time to file response to petition to and including February 8, 2017. |
| Feb 08 2017 | Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed. |
| Feb 23 2017 | DISTRIBUTED for Conference of March 17, 2017. |
| Feb 23 2017 | Reply of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed. (Distributed) |
| Mar 20 2017 | DISTRIBUTED for Conference of March 24, 2017. |
| Mar 27 2017 | DISTRIBUTED for Conference of March 31, 2017. |
| Apr 03 2017 | 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. |
| Apr 10 2017 | Motion to appoint counsel filed by petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea. |
| May 05 2017 | Consent to the filing of amicus curiae briefs, support of either party or of neither party, received from counsel for respondent. |
| May 05 2017 | Consent to the filing of amicus curiae briefs in support of either party or either party from counsel for the petitioner. |
| May 12 2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 9, 2017. |
| May 12 2017 | The time to file respondent's brief on the merits is extended to and including August 1, 2017. |
| May 16 2017 | Motion to appoint counsel DISTRIBUTED for Conference of June 1, 2017. |
| Jun 05 2017 | 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. |
| Jun 09 2017 | Joint appendix filed. (Statement of costs filed) |
| Jun 09 2017 | Brief of petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea filed. |
| Jun 16 2017 | Brief amici curiae of The National Association of Criminal Defense Lawyers,and The American Civil Liberties Union filed. |
| Jun 16 2017 | Brief amicus curiae of The Constitution Project filed. |
| Jun 16 2017 | Brief amicus curiae of The American Bar Association filed. |
| Jun 16 2017 | Brief amicus curiae of The Capital Punishment Center of the University of Texas at Austin School of Law filed. |
| Aug 01 2017 | Brief of respondent Lorie Davis, Director, Texas Dept. of Criminal Justice, Correctional Division filed. |
| Aug 08 2017 | Brief amici curiae of States of Arizona, et al. filed. |
| Aug 31 2017 | Reply of petitioner Carlos Manuel Ayestas filed. |
| Aug 31 2017 | SET FOR ARGUMENT on Monday, October 30, 2017 |
| Sep 07 2017 | CIRCULATED |
| Sep 12 2017 | Record requested from the U.S.C.A.5th Circuit. |
| Sep 28 2017 | Record received from the U.S.D.C. Southern District of Texas - Brownsville Division is electronic. |
| Oct 30 2017 | Argued. For petitioner: Lee Kovarsky, Baltimore, Md. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General of Texas, Austin, Tex. |
| Mar 21 2018 | 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. |
| Apr 23 2018 | JUDGMENT ISSUED. |
| Apr 23 2018 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Lee Kovarsky Counsel of Record | University of Maryland, School of Law 500 West Baltimore St., Rm. 436 Baltimore, MD 21201-1786 lkovarsky@law.maryland.edu | (434)-466-8257 |
| Party name: Carlos Manuel Ayestas | ||
| Attorneys for Respondent | ||
| Scott A Keller Counsel of Record | Office of the Attorney General Solicitor General P.O. Box 12548 (MC 059) Austin, TX 78711-2548 skeller@yettercoleman.com | 512-936-1700 |
| Party name: Davis, Dir., TX DCJ | ||
| Jeremy C. Greenwell | Assistant Attorney General P.O. Box 12548 Austin, TX 78711-2548 jeremy.greenwell@oag.state.tx.us | (512) 936-1400 |
| Party name: Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | ||
| Other | ||
| Dominic Emil Draye Counsel of Record | Solicitor General 1275 W. Washington St. Phoenix, AZ 85007 solicitorgeneral@azag.gov | 602-542-3333 |
| Party name: States of Arizona, et al. | ||
| Jessica Ring Amunson | Jenner & Block LLP 1099 New York Ave., NW Suite 900 Washington, DC 20001 jamunson@jenner.com | (202) 639-6000 |
| Party name: The National Association of Criminal Defense Lawyers and the American Civil Liberties Union | ||
| Linda A. Klein | President American Bar Association 321 North Clark Street Chicago, IL 60654 abapresident@americanbar.org | (312) 988-5000 |
| Party name: The American Bar Association | ||
| Eugene Alexis Sokoloff | Hogan Lovells US LLP 555 Thirteenth Street, NW Washington, DC 20004 eugene.sokoloff@hoganlovells.com | (202) 637-5600 |
| Party name: The Constitution Project | ||
| Jordan Steiker | Capital Punishment Center University of Texas School of Law 727 East Dean Keeton Street Austin, TX 78705 jsteiker@law.uttexas.edu | (512) 232-1346 |
| Party name: The Capital Punishment Center of the University of Texas at Austin School of Law | ||