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Carlos Manuel Ayestas, aka Dennis Zelaya Corea v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 15-70015 · judgment March 22, 2016

Decided · March 21, 2018

Question presented

Granted limited to question 2 presented by the petition. While Carlos Ayestas' federal habeas proceeding was pending, the Harris County District Attorney's Office ("HCDA") accidentally disclosed a document memorializing the basis of its charging decision. The author of that HCDA charging memo had provided as one of two typewritten reasons for seeking the death penalty: "THE DEFENDANT IS NOT A CITIZEN." The lower federal courts have denied the routine stay-and-amendment procedure necessary to exhaust the claims associated with the HCDA memo in state court. The lower courts have also denied Mr. Ayestas' motion, under 18 U.S.C. § 3599, for "investigative, expert, [and] other services" that were "reasonably necessary'' to develop facts associated with a separate Sixth Amendment ineffective-assistance-of-counsel ("IAC") claim that had been forfeited by his state habeas lawyer. The Fifth Circuit interprets "reasonably necessary" to require an inmate to show "substantial need," an interpretation of § 3599(f) that forms an express circuit split with other federal courts of appeal. Through the substantial-need standard, the Fifth Circuit withholds expert and investigative assistance unless inmates are able to carry the burden of proof on the underlying claim at the time they make the§ 3599(f) motion itself. This case therefore presents the following questions: 1.Whether reasonable jurists could disagree that, by anticipatorily applying a procedural default not actually grounded in state law, a district court abused its discretion when it refused a routine stay and amendment necessary to exhaust claims associated with newly discovered evidence revealing overt discrimination in the prosecution's decision to seek the death penalty. 2.Whether the Fifth Circuit erred in holding that 18 U.S.C. § 3599(f) withholds "reasonably necessary" resources to investigate and develop an IAC claim that state habeas counsel forfeited, where the claimant's existing evidence does not meet the ultimate burden of proof at the time the § 3599(f) motion is made.

Counsel of record

For petitioner
Lee Kovarsky

For respondent
Scott A. Keller
Lehotsky Keller Cohn LLP

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 4 conferences

Amicus briefs
5 merits
(4 supporting pet./neither, 1 respondent)

Linked docket
16A130

Argument & decision

Argued October 30, 2017 — Lee Kovarsky · Scott A. Keller. Listen and read along · the Court’s audio

Decided March 21, 2018. Opinion by Alito.

Proceedings

Apr 23 2018
JUDGMENT ISSUED.
Apr 23 2018
JUDGMENT ISSUED.
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.
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.
Sep 28 2017
Record received from the U.S.D.C. Southern District of Texas - Brownsville Division is electronic.
Sep 12 2017
Record requested from the U.S.C.A.5th Circuit.
Sep 07 2017
CIRCULATED
Aug 31 2017
Reply of petitioner Carlos Manuel Ayestas filed.
Aug 31 2017
SET FOR ARGUMENT on Monday, October 30, 2017
Aug 08 2017
Brief amici curiae of States of Arizona, et al. filed.
Aug 01 2017
Brief of respondent Lorie Davis, Director, Texas Dept. of Criminal Justice, Correctional Division 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.
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 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.
May 16 2017
Motion to appoint counsel DISTRIBUTED for Conference of June 1, 2017.
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 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.
Apr 10 2017
Motion to appoint counsel filed by petitioner Carlos Manuel Ayestas, aka Dennis Zelaya Corea.
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.
Mar 27 2017
DISTRIBUTED for Conference of March 31, 2017.
Mar 20 2017
DISTRIBUTED for Conference of March 24, 2017.
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)
Feb 08 2017
Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Dec 23 2016
Order further extending time to file response to petition to and including February 8, 2017.
Dec 05 2016
Order extending time to file response to petition to and including January 9, 2017.
Nov 07 2016
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2016)
Oct 19 2016
Application (16A130) granted by Justice Thomas extending the time to file until November 7, 2016.
Oct 14 2016
Application (16A130) to extend further the time from October 24, 2016 to November 7, 2016, submitted to Justice Thomas.
Aug 10 2016
Application (16A130) granted by Justice Thomas extending the time to file until October 24, 2016.
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.