Question Presented (from Petition)
1. Did the Fifth Circuit err in its reading of Gonzalez , given that five other
Circuits read Gonzalez to allow Rule 60(b) motions to remedy a wide range
of procedural defects in habeas proceedings , similar to the one alleged by
Petitioner here?
2. If a presiding judg e's unfitness qualifies as the sort of "defect in the
integrity of the federal habeas proceedings" that would support a Rule
60(b) motion under Gonzalez , may a reviewing court in determining that
motion consider the reasonableness of th at judge's prior dis position of the
movant's claims for relief?
3. Did the Fifth Circuit , which to date has never identified any debatable
issue in any post -conviction appeal by a death -sentenced federal prisoner,
err in denying a COA concerning the district court's application of Gonzalez
to Petitioner's Rule 60(b) motion ?
Question Presented (AI Summary)
Whether the Fifth Circuit erred in its reading of Gonzalez v. Crosby, allowing Rule 60(b) motions to remedy procedural defects in habeas proceedings
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-19
Reply of petitioner Brandon Bernard filed. (Distributed)
2019-10-30
Motion to extend the time to file a response is granted and the time is further extended to and including December 6, 2019.
2019-10-29
Motion to extend the time to file a response from November 1, 2019 to December 6, 2019, submitted to The Clerk.
2019-10-03
Motion to extend the time to file a response is granted and the time is further extended to and including November 1, 2019.
2019-10-02
Motion to extend the time to file a response from October 7, 2019 to November 1, 2019, submitted to The Clerk.
2019-08-01
Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2019.
2019-07-31
Motion to extend the time to file a response from August 2, 2019 to October 7, 2019, submitted to The Clerk.
2019-06-07
Motion to extend the time to file a response is granted and the time is further extended to and including August 2, 2019.
2019-06-05
Motion to extend the time to file a response from June 21, 2019 to August 2, 2019, submitted to The Clerk.
2019-05-03
Motion to extend the time to file a response is granted and the time is further extended to and including June 21, 2019.
2019-05-03
Motion to extend the time to file a response from May 17, 2019 to June 21, 2019, submitted to The Clerk.
2019-03-27
Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2019.
2019-03-26
Motion to extend the time to file a response from March 28, 2019 to May 17, 2019, submitted to The Clerk.
2019-02-05
Motion to extend the time to file a response is granted and the time is further extended to and including March 28, 2019.
2019-02-04
Motion to extend the time to file a response from February 11, 2019 to March 28, 2019, submitted to The Clerk.
2019-01-10
Brief amicus curiae of The Ethics Bureau at Yale filed.
2019-01-08
Blanket Consent filed by Petitioner, Brandon Bernard.
2019-01-07
Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2019.
2019-01-03
Motion to extend the time to file a response from January 10, 2019 to February 11, 2019, submitted to The Clerk.
2018-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2019)