Justices To Decide Under What Circumstances A Rule 59(e) Motion Should Be Recharacterized As A Second Or Successive Habeas Petition

Today, in Banister v. Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division, No. 18-6943 (June 24, 2019) (cert. granted), the United States Supreme Court granted a petition for writ of certiorari to decide “[w]hether and under what circumstances a timely Federal Rule of Civil Procedure 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005).” 

Petitioner Gregory Dean Banister’s pro se petition for writ of certiorari and other certiorari stage documents are available on the Supreme Court’s website, here.

The Training Division provides litigation resources to federal habeas counsel through the Capital Defense Network.