| No. 18-6943 | |
| Title: | Gregory Dean Banister, Petitioner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
| Docketed: | December 6, 2018 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (17-10826) |
| Decision Date: | May 8, 2018 |
| Rehearing Denied: | June 18, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 17 2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019) |
| Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service | |
| Jan 17 2019 | DISTRIBUTED for Conference of 2/15/2019. |
| Jan 28 2019 | Response Requested. (Due February 27, 2019) |
| Feb 27 2019 | Motion to extend the time to file a response from February 27, 2019 to April 26, 2019, submitted to The Clerk. |
| Main Document | |
| Mar 01 2019 | Motion to extend the time to file a response is granted in part, and the time is extended to and including April 10, 2019. |
| Mar 29 2019 | Letter from counsel for petitioner received. |
| Main Document | |
| Apr 10 2019 | Brief of respondent Lorie Davis, Director TDCJ in opposition filed. |
| Main DocumentProof of Service | |
| Apr 24 2019 | DISTRIBUTED for Conference of 5/9/2019. |
| Apr 24 2019 | Reply of petitioner Gregory Dean Banister filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| May 06 2019 | Rescheduled. |
| May 29 2019 | DISTRIBUTED for Conference of 6/13/2019. |
| Jun 17 2019 | DISTRIBUTED for Conference of 6/20/2019. |
| Jun 24 2019 | 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). |
| Jul 10 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 17 2019 | 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. |
| Aug 26 2019 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Aug 26 2019 | Brief of petitioner Gregory Dean Banister filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 30 2019 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 03 2019 | Brief amici curiae of Law Professors with Expertise in Habeas Corpus and Civil Procedure filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 13 2019 | SET FOR ARGUMENT on Wednesday, December 4, 2019. |
| Oct 18 2019 | Brief of respondent Lorie Davis, Director TDCJ filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 23 2019 | Record requested from the U.S.C.A. 5th Circuit. |
| Oct 23 2019 | The Record from the U.S.C.A. 5th Circuit is electronic and located on Pacer. |
| Oct 25 2019 | CIRCULATED |
| Oct 25 2019 | Brief amicus curiae of United States filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Oct 25 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Oct 25 2019 | Brief amici curiae of States of Indiana, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 12 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 18 2019 | Reply of petitioner Gregory Dean Banister filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 04 2019 | Argued. For petitioner: Brian T. Burgess, Washington, D. C. For respondent: Kyle D. Hawkins, Solicitor General, Austin, Tex.; and Benjamin Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jun 01 2020 | Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. |
| Jul 06 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Brian Timothy Burgess Counsel of Record | Goodwin Procter, LLP 1900 N Street, N.W. Washington, DC 20036 BBurgess@goodwinlaw.com | 2023464000 |
| Party name: Gregory Dean Bannister | ||
| Brian Timothy Burgess Counsel of Record | Goodwin Procter, LLP 901 New York Avenue Washington, DC 20001 BBurgess@goodwinlaw.com | 2023464000 |
| Party name: Gregory Dean Banister | ||
| Gregory Dean Banister | TDCJ #1265563 Havins-Unit 500 FM 45 East Brownwood, TX 76801 | |
| Party name: Gregory Dean Banister | ||
| Attorneys for Respondent | ||
| Kyle Douglas Hawkins Counsel of Record | Texas Attorney General's Office P.O. Box 12548 (MC 059) Austin, TX 78711-2548 kyle.hawkins@oag.texas.gov | 5129361700 |
| Party name: Lorie Davis, Director TDCJ | ||
| Joseph Peter Corcoran | Office of the Attorney General of Texas P.O. Box 12548 - Capital Station Austin, TX 78711-2548 joseph.corcoran@oag.texas.gov | 512-936-1400 |
| Party name: Lorie Davis, Director TDCJ | ||
| Susan Frances San Miguel | Assistant Attorney General P. O. Box 12548 Austin, TX 78711-2548 | |
| Party name: Lorie Davis, Director TDCJ | ||
| Other | ||
| Barbara Ellen Bergman Counsel of Record | James E. Rogers College of Law University of Arizona 1201 E. Speedway Blvd. Tucson, AZ 85721-0176 bbergman@email.arizona.edu | 5053017547 |
| Party name: National Association of Criminal Defense Lawyers | ||
| Thomas M. Fisher Counsel of Record | Office of the Indiana Attorney General 302 West Washington St., 5th Floor Indianapolis, IN 46204 tom.fisher@atg.in.gov | 317-232-6201 |
| Party name: States of Indiana, Alabama, Florida, Georgia, Hawaii, Idaho, Kansas, Louisiana, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and Tennessee as Amici Curiae in Support of Respondent | ||
| Noel J. Francisco | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Charlotte Hemenway Taylor Counsel of Record | Jones Day 51 Louisiana Avenue, NW Washington, DC 20001-2113 ctaylor@jonesday.com | 202-879-3872 |
| Party name: Law Professors with Expertise in Habeas Corpus and Civil Procedure | ||