No. 16-6219     *** CAPITAL CASE ***  
Title:
Erick Daniel Davila, Petitioner
v.
Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Docketed:September 28, 2016
Lower Ct:United States Court of Appeals for the Fifth Circuit
  Case Nos.:(15-70013)
  Decision Date:May 31, 2016
  Rehearing Denied:June 28, 2016
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 22 2016 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2016)
Oct 26 2016 Order extending time to file response to petition to and including November 28, 2016.
Nov 23 2016 Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Dec 7 2016 Reply of petitioner Erick Daniel Davila filed. (Distributed)
Dec 8 2016 DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017 DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Jan 23 2017 Motion to appoint counsel filed by petitioner Erick Daniel Davila.
Feb 8 2017 DISTRIBUTED for Conference of February 24, 2017.
Feb 17 2017 SET FOR ARGUMENT ON Monday, April 24, 2017
Feb 24 2017 Record requested from the U.S.C.A. 5th Circuit.
Feb 27 2017 Motion to appoint counsel filed by petitioner GRANTED and Seth Kretzer, Esquire, of Houston, Texas, is appointed to serve as counsel for the petitioner in this case.
Feb 27 2017 Joint appendix filed. (Statement of costs filed)
Feb 27 2017 Brief of petitioner Erick Daniel Davila filed.
Mar 2 2017 Record received from the U.S.C.A. 5th Circuit. The record is electronic and available on PACER.
Mar 3 2017 Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the Respondent.
Mar 6 2017 Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Mar 22 2017 CIRCULATED.
Mar 29 2017 Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)
Mar 30 2017 Brief amicus curiae of The Criminal Justices Legal Foundation filed. (Distributed)
Apr 5 2017 Brief amici curiae of Nevada, et al. filed. (Distributed)
Apr 5 2017 Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Apr 13 2017 Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. Justice Gorsuch took no part in the consideration or decision of this motion.
Apr 17 2017 Reply of petitioner Erick Daniel Davila filed. (Distributed)
Apr 24 2017 Argued. For petitioner: Seth Kretzer, Houston, Tex. (Appointed by this Court.) For respondent: Scott A. Keller, Solicitor General, Austin, Tex.
Jun 26 2017 Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jul 28 2017 JUDGMENT ISSUED.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Seth Kretzer 440 Louisiana Street(713) 775-3050
    Counsel of RecordSuite 1440
Houston, TX  77002
seth@kretzerfirm.com
Party name: Erick Daniel Davila
Attorneys for Respondent:
Scott A. Keller Solicitor General(512) 936-1700
    Counsel of Record Office of the Attorney General
P.O. Box 12548 Capitol Station (MC 059)
Austin, TX  78711-2548
scott.keller@oag.texas.gov
Party name: Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
 
Katherine D. Hayes Assistant Attorney General(512) 936-1400
Criminal Appeals Division
P.O. Box 12548, Capitol Station
Austin, TX  78711-2548
katherine.hayes@oag.texas.gov
Party name: Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Other:
Kent S. Scheidegger Criminal Justice Legal Foundation(916) 446-0345
2131 L Street
Sacramento, CA  95816
briefs@cjlf.org
Party name: The Criminal Justices Legal Foundation
 
Joseph Tartakovsky Deputy Solicitor General(775) 684-1100
100 N. Carson Street
Carson City, NV  89701
jtartakovsky@ag.nv.gov
Party name: Nevada, et al.
 
Seth P. Waxman Wilmer Cutler Pickering Hale and Dorr LLP(202) 663-6000
1875 Pennsylvania Avenue, N.W.
Washington, DC  20006
seth.waxman@wilmerhale.com
Party name: National Association of Criminal Defense Lawyers, et al.