BANISTER v. DAVIS

No. 18-6943.

140 S.Ct. 1698 (2020)

Gregory Dean BANISTER, Petitioner, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

Supreme Court of United States.

Decided June 1, 2020.


Attorney(s) appearing for the Case

Gerard J. Cedrone , Goodwin Procter LLP, Boston, MA, Brian T. Burgess , Andrew Kim , Kelsey Pelagalli , Goodwin Procter LLP, Washington, DC, for Petitioner.

Ken Paxton , Attorney General of Texas, Jeffrey C. Mateer , First Assistant Attorney General, Kyle D. Hawkins , Solicitor General, Matthew H. Frederick , Deputy Solicitor General, Natalie D. Thompson , Assistant Solicitor General, Trevor W. Ezell , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Respondent.


A state prisoner is entitled to one fair opportunity to seek federal habeas relief from his conviction. But he may not usually make a "second or successive habeas corpus application." 28 U.S.C. § 2244(b). The question here is whether a motion brought under Federal Rule of Civil Procedure 59...

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