Supreme Court of the United States · Official docket →
Christopher Andre Vialva v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-70007 · judgment September 14, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
After the United States Court of Appeals for the Fifth Circuit resolved Petitioner’s motion under § 2255 seeking habeas relief from his death sentence, a public investigation revealed that the federal judge who presided over Petitioner’s capital trial and habeas proceedings was suffering from a debilitating addiction to alcohol while Petitioner’s cases were pending before him. The revelations about the judge’s alcohol abuse and impaired decision-making cast new light upon irregular decisions the judge had made during the conduct of Petitioner’s proceedings. Petitioner sought relief under Rule 60(b)(6) of the Federal Rules of Civil Procedure, asserting that the judge’s impairment was a defect in the integrity of Petitioner’s capital trial and habeas proceedings. The district court dismissed Petitioner’s Rule 60(b) motion as a successive habeas petition under § 2255(h). The Fifth Circuit summarily rejected Petitioner’s request for a Certificate of Appealability. The question presented is: Whether the Fifth Circuit erred, in conflict with decisions of other federal court of appeals and the decision of this Court in Gonzalez v. Crosby, 545 U.S. 524 (2005), in denying a Certificate of Appealability to review whether Petitioner’s Rule 60(b)(6) motion challenging a procedural defect in the integrity of his federal habeas proceedings must be dismissed as a “merits-based,” successive motion under § 2255(h)?
Counsel of record
For petitioner
Michael Francis Williams
Kirkland and Ellis LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Jan 13 2020Petition DENIED.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 23 2019Reply of petitioner Christopher Vialva filed. (Distributed)
- Dec 06 2019Brief of respondent United States of America in opposition filed. VIDED
- Oct 30 2019Motion to extend the time to file a response is granted and the time is further extended to and including December 6, 2019.
- Oct 29 2019Motion to extend the time to file a response from November 1, 2019 to December 6, 2019, submitted to The Clerk.
- Oct 03 2019Motion to extend the time to file a response is granted and the time is further extended to and including November 1, 2019.
- Oct 02 2019Motion to extend the time to file a response from October 7, 2019 to November 1, 2019, submitted to The Clerk.
- Aug 01 2019Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2019.
- Jul 31 2019Motion to extend the time to file a response from August 2, 2019 to October 7, 2019, submitted to The Clerk.
- Jun 07 2019Motion to extend the time to file a response is granted and the time is further extended to and including August 2, 2019.
- Jun 05 2019Motion to extend the time to file a response from June 21, 2019 to August 2, 2019, submitted to The Clerk.
- May 14 2019Motion to extend the time to file a response is granted and the time is further extended to and including June 21, 2019.
- May 13 2019Motion to extend the time to file a response from May 20, 2019 to June 21, 2019, submitted to The Clerk.
- Apr 10 2019Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2019.
- Apr 09 2019Motion to extend the time to file a response from April 19, 2019 to May 20, 2019, submitted to The Clerk.
- Mar 19 2019Petition for a writ of certiorari filed. (Response due April 19, 2019)
- Feb 06 2019Application (18A801) granted by Justice Alito extending the time to file until March 19, 2019.
- Feb 04 2019Application (18A801) to extend the time to file a petition for a writ of certiorari from February 17, 2019 to April 18, 2019, submitted to Justice Alito.