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Docket for 25-1003 *** CAPITAL CASE ***
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No. 25-1003 *** CAPITAL CASE ***
 
Title: Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Petitioner
v.
Dexter Johnson
Docketed: February 23, 2026
Lower Ct: United States Court of Appeals for the Fifth Circuit
   Case Numbers: (23-70002)
   Decision Date: July 23, 2025
   Rehearing Denied: January 12, 2026
Questions Presented
 
Proceedings and Orders
Feb 19 2026 Petition for a writ of certiorari filed. (Response due March 25, 2026)
Petition Certificate of Word Count Proof of Service
Mar 04 2026 Motion to extend the time to file a response from March 25, 2026 to April 24, 2026, submitted to The Clerk.
Main Document
Mar 06 2026 Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2026.
Mar 25 2026 Amici brief of Louisiana, et al. not accepted for filing. (To be resubmitted - March 30, 2026)
Mar 25 2026 Brief amici curiae of Louisiana, et al. filed. (Resubmitted)
Main Document Certificate of Word Count Proof of Service
Apr 24 2026 Motion for leave to proceed in forma pauperis filed by respondent Dexter Johnson.
Main Document
Apr 24 2026 Brief of respondent Dexter Johnson in opposition filed.
Main Document Proof of Service
May 08 2026 Reply of petitioner Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutes Division filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
May 12 2026 DISTRIBUTED for Conference of 5/28/2026.
Jun 01 2026 DISTRIBUTED for Conference of 6/4/2026.
Jun 08 2026 DISTRIBUTED for Conference of 6/11/2026.
Jun 15 2026 Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 15 2026 Petition GRANTED.
Jul 30 2026 Brief of petitioner Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutes Division filed.
Main Document Certificate of Word Count Proof of Service
Jul 30 2026 Joint appendix filed.
Main Document Proof of Service
Aug 06 2026 Brief amicus curiae of United States filed.
Main Document Proof of Service
Aug 06 2026 Brief amici curiae of Louisiana, et al. filed.
Main Document Certificate of Word Count Proof of Service
Aug 06 2026 Brief amicus curiae of Protasio Aparece filed.
Main Document Certificate of Word Count Proof of Service
Aug 07 2026 Motion for an extension of time to file respondent's brief on the merits filed.
Main Document
Aug 11 2026 SET FOR ARGUMENT on Wednesday, November 4, 2026.
Aug 13 2026 Motion to extend the time to file respondent's brief on the merits is granted and the time is extended to and including September 18, 2026.
Aug 24 2026 Record requested from the United States Court of Appeals for the Fifth Circuit.
Aug 27 2026 CIRCULATED
Sep 09 2026 Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Sep 09 2026 Record received electronically from the United States District Court for the Southern District of Texas and available with the Clerk.
Sep 18 2026 Brief of respondent Dexter Johnson filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Sep 24 2026 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Main Document Proof of Service
Sep 25 2026 Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 13 2026 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 19 2026 Reply of petitioner Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutes Division filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Attorneys
Attorneys for Petitioner
William Robert Peterson
Counsel of Record
Office of the Texas Attorney General
P.O. Box 12548 (MC-059)
Austin, TX 78711-2548
william.peterson@oag.texas.gov
Ph: 512-936-1700
Party name: Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutes Division


Attorneys for Respondent
Jeremy Don Schepers
Counsel of Record
Office of the Federal Public Defender NDTX
525 S. Griffin St., Ste. 629
Dallas, TX 75202
jeremy_schepers@fd.org
Ph: 12147672746
Party name: Dexter Johnson


Other Attorneys
Jorge Benjamin Aguinaga
Counsel of Record
Louisiana Department of Justice
1885 N. Third Street
Baton Rouge, LA 70802
aguinagaj@ag.louisiana.gov
Ph: 225-506-3746
Party name: State of Louisiana


Allyson Ho
Counsel of Record
Gibson, Dunn & Crutcher LLP
2001 Ross Avenue
Suite 2100
Dallas, TX 75201
AHO@GIBSONDUNN.COM
Ph: 214-698-3233
Party name: Protasio Aparece


Ethan James Nutter
Counsel of Record
Vinson & Elkins LLP
200 West 6th Street, Suite 2500
Austin, TX 78701
enutter@velaw.com
Ph: 5125428555
Party name: National Association of Criminal Defense Lawyers


D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States of America

 

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