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Arguments in Banister set for Wednesday

The Supreme Court will hear the arguments in Banister v. Davis on Wednesday. The issue is "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."

Following the arguments will be tough going for those not well schooled in the nuances of habeas corpus review. There was a concise description of the case posted here in September. SCOTUSblog has a more detailed preview that concludes that the case could have broad ramifications "because AEDPA limits to two very specific circumstances the available grounds for relief in a second-or-successive application for post-conviction relief by state or federal prisoners. A ruling for Texas, therefore, would dramatically curtail the availability of Rule 59(e) motions in all first federal habeas petitions by state or federal prisoners."

(12/02/19) (permalink)

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