No. 23A1160

Ruben Gutierrez v. Luis Saenz, et al.

Lower Court: Fifth Circuit
Docketed: N/A
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: article-iii-standing death-penalty dna-testing due-process habeas-corpus post-conviction-relief
Key Terms:
JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

Whether the Fifth Circuit panel majority's analysis of Article III standing conflicts with this Court's decision in Reed v. Goertz, 598 U.S. 230 (2023), and creates a circuit split with the Eighth and Ninth Circuits' respective decisions in Johnson v. Griffin, 69 F.4th 506 (8th Cir. 2023), and Redd v. Guerrero, 8 F.4th 874 (9th Cir. 2023).

Question Presented (AI Summary)

Whether a death-row prisoner has Article III standing to challenge state procedures that improperly limit access to post-conviction DNA testing under the Due Process Clause

Docket Entries

2024-07-16
Application (23A1160) referred to the Court.
2024-07-16
Application (23A1160) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
2024-06-25
Application (23A1160) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Ruben Gutierrez
Shawn NolanFederal Community Defender Office for the EDPA, Petitioner