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
 
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.
Attorneys
Attorneys for Petitioners
Lee Kovarsky
Counsel of Record
University of Maryland, School of Law
500 West Baltimore St., Rm. 436
Baltimore, MD 21201-1786

lkovarsky@law.umaryland.edu
Ph: 4344668257
Party name: Carlos Manuel Ayestas


Attorneys for Respondents
Scott A. Keller
Counsel of Record
Lehotsky Keller Cohn LLP
200 Massachusetts Avenue, NW
Suite 700
Washington, DC 20001

scott@lkcfirm.com
Ph: 5126938350
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
Ph: (512) 936-1400
Party name: Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division


Other Attorneys
Dominic Emil Draye
Counsel of Record
Greenberg Traurig LLP
2101 L Street N.W.
Washington, DC 20037

drayed@gtlaw.com
Ph: (202) 331-3168
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
Ph: (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
Ph: (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
Ph: (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
Ph: (512) 232-1346
Party name: The Capital Punishment Center of the University of Texas at Austin School of Law