Habeas Corpus – Successive Petition

By: Derek Hawkins//July 29, 2020//

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United States Supreme Court

Case Name: Gregory Dean Banister v. Lorie Davis

Case No.: 18-6943

Focus: Habeas Corpus – Successive Petition

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(e) to alter or amend a habeas court’s judgment qualifies as such a successive petition. We hold it does not. A Rule 59(e) motion is instead part and parcel of the first habeas proceeding.

Reversed and remanded

Dissenting: ALITO, J., filed a dissenting opinion, in which THOMAS, J., joined.

Concurring:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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