Banister v. Davis
Banister v. Davis
Opinion
*1702
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."
I
This case is about two procedural rules. First, Rule 59(e) applies in federal civil litigation generally. (Habeas proceedings, for those new to the area, are civil in
*1703
nature. See
Fisher v. Baker
,
A
Rule 59(e) allows a litigant to file a "motion to alter or amend a judgment."
1
The time for doing so is short-28 days from entry of the judgment, with no possibility of an extension. See Fed. Rule Civ. Proc. 6(b)(2) (prohibiting extensions to Rule 59(e)'s deadline). The Rule gives a district court the chance "to rectify its own mistakes in the period immediately following" its decision.
White v. New Hampshire Dept. of Employment Security
,
The filing of a Rule 59(e) motion within the 28-day period "suspends the finality of the original judgment" for purposes of an appeal.
FCC v. League of Women Voters of Cal.
,
*1704
Now turn to § 2244(b)'s restrictions on second or successive habeas petitions. Under AEDPA, a state prisoner always gets one chance to bring a federal habeas challenge to his conviction. See
Magwood v. Patterson
,
B
This case began when, nearly two decades ago, petitioner Gregory Banister struck and killed a bicyclist while driving a car. Texas charged him with the crime of aggravated assault with a deadly weapon. A jury found him guilty, and he was sentenced to 30 years in prison. State courts upheld the conviction on direct appeal and in collateral proceedings. Banister then turned to federal district court for habeas relief. Although raising many claims, his petition mainly argued that his trial and appellate counsel provided him with constitutionally ineffective assistance. The District Court disagreed and entered judgment denying the application.
At that point, Banister timely filed a Rule 59(e) motion asking the District Court to alter its judgment. Consistent with the Rule's corrective purpose, Banister urged the court to fix what he saw as "manifest errors of law and fact." App. 219. Five days later and without requiring a response from the State, the court issued a one-paragraph order explaining that it had reviewed all relevant materials and stood by its decision. See
Yet the Court of Appeals for the Fifth Circuit dismissed the appeal as untimely. That ruling rested on the view that Banister's Rule 59(e) motion, although captioned as such, was not really a Rule 59(e) motion at all. Because it "attack[ed] the federal court's previous resolution of [his] claim on the merits," the Fifth Circuit held that the motion must be "construed as a successive habeas petition." App. 305 (internal quotation marks omitted). In any future case, that holding would prohibit a habeas court from considering claims made in a self-styled Rule 59(e) motion except in rare circumstances-that is, when a court of appeals gave permission and the claim fell within one of § 2244(b)'s two slender categories. See supra, at 1703 - 1704. In Banister's own case, that bar was of no moment because the District Court had already addressed his motion's merits. But viewing a Rule 59(e) motion as a successive habeas petition also had another consequence, and this one would affect him. Unlike a Rule 59(e) motion, the Court of Appeals noted, a successive habeas application does not *1705 postpone the time to file an appeal. That meant the clock started ticking when the District Court denied Banister's habeas application (rather than his subsequent motion)-and so Banister's appeal was several weeks late.
We granted certiorari to resolve a Circuit split about whether a Rule 59(e) motion to alter or amend a habeas court's judgment counts as a second or successive habeas application. 588 U.S. ----,
II
This case requires us to choose between two rules-more specifically, to decide whether AEDPA's § 2244(b) displaces Rule 59(e) in federal habeas litigation. The Federal Rules of Civil Procedure generally govern habeas proceedings. See Fed. Rule Civ. Proc. 81(a)(4). They give way, however, if and to the extent "inconsistent with any statutory provisions or [habeas-specific] rules."
The phrase "second or successive application," on which all this rides, is a "term of art," which "is not self-defining."
Slack v. McDaniel
,
In addressing what qualifies as second or successive, this Court has looked for guidance in two main places. First, we have explored historical habeas doctrine and practice. The phrase "second or successive application," we have explained, is "given substance in our prior habeas corpus cases," including those "predating [AEDPA's] enactment."
Slack
,
A
This Court has already held that history supports a habeas court's consideration of a Rule 59(e) motion. In
Browder v. Director, Dept. of Corrections of Ill.
,
*1707
The record of judicial decisions accords with
Browder
's view of the use of Rule 59(e) in habeas practice. Before AEDPA, "abuse-of-the-writ principles limit[ed] a [habeas applicant's] ability to file repetitive petitions."
McCleskey v. Zant
,
Congress passed AEDPA against this legal backdrop, and did nothing to change it. AEDPA of course made the limits on entertaining second or successive habeas applications more stringent than before. See
supra,
at 1703 - 1704. But the statute did not redefine what qualifies as a successive petition, much less place Rule 59(e) motions in that category. Cf.
Magwood
,
Nor do AEDPA's purposes demand a change in that tradition. As explained earlier, AEDPA aimed to prevent serial challenges to a judgment of conviction, in the interest of reducing delay, conserving judicial resources, and promoting finality. See supra, at 1705 - 1706. Nothing in Rule 59(e) -a rule Browder described as itself "based on an interest in speedy disposition and finality,"
*1708
Indeed, the availability of Rule 59(e) may make habeas proceedings more efficient. Most obviously, the Rule enables a district court to reverse a mistaken judgment, and so make an appeal altogether unnecessary. See
United States v. Ibarra
,
The upshot, after AEDPA as before, is that Rule 59(e) motions are not second or successive petitions, but instead a part of a prisoner's first habeas proceeding. In timing and substance, a Rule 59(e) motion hews closely to the initial application; and the habeas court's disposition of the former fuses with its decision on the latter. Such a motion does not enable a prisoner to abuse the habeas process by stringing out his claims over the years. It instead gives the court a brief chance to fix mistakes before its (single) judgment on a (single) habeas application becomes final and thereby triggers the time for appeal. No surprise, then, that habeas courts historically entertained Rule 59(e) motions, rather than dismiss them as successive. Or that Congress said not a word about changing that familiar practice even when enacting other habeas restrictions.
B
Texas (along with the dissent) resists this conclusion on one main ground: this
*1709
Court's prior decision in
Gonzalez v. Crosby
,
But Rule 60(b) differs from Rule 59(e) in just about every way that matters to the inquiry here. (Contra the dissent's refrain, see
post,
at 1711, 1712, 1713, 1713 - 1714, 1716, 1718, the variance goes far beyond their "labels.") Begin, again, with history. Recall that Rule 59(e) derives from a common-law court's plenary power to revise its judgment during a single term of court, before anyone could appeal. See
supra,
at 1705 - 1706. By contrast, Rule 60(b) codifies various writs used to seek relief from a judgment at any time after the term's expiration-even after an appeal had (long since) concluded. Those mechanisms did not (as the term rule did) aid the trial court to get its decision right in the first instance; rather, they served to collaterally attack its already completed judgment. See Advisory Committee's 1946 Notes on Amendments to Fed. Rule Civ. Proc. 60 ; Mann, Note, History and Interpretation of Federal Rule 60(b), 25 Temp. L. Q. 77, 78 (1951). And that distinction was not lost on pre-AEDPA habeas courts applying the two rules. As discussed earlier, it is practically impossible to find a case dismissing a Rule 59(e) motion for raising repetitive claims. See
supra,
at 1707. But decisions abound dismissing Rule 60(b) motions for that reason. See,
e.g.,
Williamson v. Rison
,
*1710
The modern-day operation of the two Rules also diverge, with only Rule 60(b) undermining AEDPA's scheme to prevent delay and protect finality. Unlike Rule 59(e) motions with their fixed 28-day window, Rule 60(b) motions can arise long after the denial of a prisoner's initial petition-depending on the reason given for relief, within either a year or a more open-ended "reasonable time." Fed. Rule Civ. Proc. 60(c)(1). In
Gonzalez
itself, the prisoner made his motion nearly three years after the habeas court's denial of relief, and more than one year after his appeal ended. See
In short, a Rule 60(b) motion differs from a Rule 59(e) motion in its remove from the initial habeas proceeding. A Rule 60(b) motion-often distant in time and scope and always giving rise to a separate appeal-attacks an already completed judgment. Its availability threatens serial habeas litigation; indeed, without rules suppressing abuse, a prisoner could bring such a motion endlessly. By contrast, a Rule 59(e) motion is a one-time effort to bring alleged errors in a just-issued decision to a habeas court's attention, before taking a single appeal. It is a limited continuation of the original proceeding-indeed, a part of producing the final judgment granting or denying habeas relief.
*1711 For those reasons, Gonzalez does not govern here. A Rule 59(e) motion, unlike a Rule 60(b) motion, does not count as a second or successive habeas application.
III
Our holding means that the Court of Appeals should not have dismissed Banister's appeal as untimely. Banister properly brought a Rule 59(e) motion in the District Court. As noted earlier, the 30-day appeals clock runs from the disposition of such a motion, rather than from the initial entry of judgment. See supra, at 1703 - 1704. And Banister filed his notice of appeal within that time. The Fifth Circuit reached a contrary conclusion because it thought that Banister's motion was really a second or successive habeas application, and so did not reset the appeals clock. For all the reasons we have given, that understanding of a Rule 59(e) motion is wrong. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
It is so ordered.
Justice ALITO, with whom Justice THOMAS joins, dissenting.
Gregory Banister, a state prisoner, filed a federal habeas petition arguing that his conviction was invalid for 53 reasons. His arguments spanned almost 300 pages and featured an imagined retelling of the jury deliberations in the form of stage dialogue. After the District Court determined that all his claims lacked merit, he filed a motion rearguing many of them.
If Banister had labeled this motion what it was in substance-another habeas petition-it would have been summarily dismissed under
The question in this case is whether a state prisoner can evade the federal habeas statute's restrictions on second or successive habeas petitions by affixing a Rule 59(e) label. The answer follows from our decision in Gonzalez , and the answer is no. If a Rule 59(e) motion asserts a habeas claim, the motion functions as a second or successive habeas petition and should be treated as such.
I
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) "streamlin[es] federal habeas corpus proceedings."
Rhines v. Weber
,
Habeas petitions occupy an outsized place on federal dockets. See
infra
, at 1717 - 1718. Their efficient resolution not only preserves federal judicial capacity but
*1712
removes the cloud of federal review from state-court judgments. The federal habeas provisions create a procedural regime that differs sharply from the regime that generally applies in civil cases, and the habeas statute displaces any Federal Rule of Civil Procedure that is "inconsistent with" its provisions.
Integral to AEDPA's design are its restrictions on "second or successive" habeas petitions, which, prior to AEDPA, sometimes led to very lengthy delays. See,
e.g.
,
Kuhlmann v. Wilson
,
A prisoner wishing to file a second or successive petition must apply to a court of appeals for permission to do so, and the court of appeals cannot authorize the filing unless the petition makes a prima facie showing that it meets § 2244(b)(2)'s standards. § 2244(b)(3). If a court of appeals allows the second or successive petition to be filed, the district court must nevertheless review its claims and dismiss any that turns out not to meet § 2244(b)(2)'s standards. § 2244(b)(4).
II
In
Gonzalez
, we considered how § 2244(b) applies to a filing that is in essence a second or successive habeas petition but bears a different label. The filing there was a motion under Rule 60(b), which allows a court to relieve a party of an earlier judgment. Every Member of the
Gonzalez
Court, including those in dissent, recognized that whether a Rule 60(b) motion should be treated as a habeas petition depends on the nature of the relief the motion seeks, not the label slapped onto it.
To see how this analysis plays out, imagine a case in which a state prisoner files a Rule 60(b) motion alleging that he was denied the effective assistance of counsel at trial. If that claim was not in his initial habeas petition, the motion constitutes a second or successive habeas petition because it asserts a new reason why he is entitled to habeas relief. And if that claim was in his initial habeas petition but he
*1713
now alleges that the court erroneously denied the claim, the motion is still a second or successive habeas petition since it alleges that the court should have granted him habeas relief, an argument that is "effectively indistinguishable" from the claim that he was entitled to that relief in the first place.
Ibid
. In either event, we held in
Gonzalez
, "failing to subject" the motion to § 2244(b) "would be inconsistent with" AEDPA.
Although
Gonzalez
concerned a motion under Rule 60(b), nothing in its reasoning was tied to any specific characteristics of such a motion, and accordingly, there is no good reason why a Rule 59(e) motion should not be subject to the same rules. Indeed, the application of
Gonzalez
's reasoning is even more clear-cut when a habeas petitioner files a Rule 59(e) motion. Like its neighbor, Rule 59(e) provides a way for a civil litigant to get relief after the entry of judgment, but a Rule 59(e) motion can seek only "reconsideration of matters properly encompassed in a decision on the merits."
White v. New Hampshire Dept. of Employment Security
,
Today's opinion thus permits precisely the type of circumvention that
Gonzalez
prevents. Consider again the habeas petitioner with the allegedly bad trial lawyer. Suppose that, after the district court denies an ineffective-assistance claim in his initial petition, he submits three effectively indistinguishable filings under different headers: a second habeas petition asserting the same claim again; a Rule 60(b) motion disputing the court's resolution of the claim; and a Rule 59(e) motion doing the same. The first two will face dismissal under § 2244(b)(1). But, under today's decision, the third may proceed. And not only that, if a
pro se
litigant does not appreciate that he can get around § 2244(b)(1) by calling his second or successive petition a Rule 59(e) motion, a court may "ignore the legal label that [the]
pro se
litigant attaches to" his filing, treat the petition as a Rule 59(e) motion, and voilà, § 2244(b) disappears from view.
Castro v. United States
,
III
The Court provides a variety of reasons for refusing to follow Gonzalez , but none is sound.
A
The Court begins by saying that a Rule 59(e) motion is part of a petitioner's "one fair opportunity to seek federal habeas relief," ante , at 1701, but if there is a reason why a Rule 60(b) motion could not also be called part of that "opportunity," the Court does not offer one. A repetitive habeas claim is as much a repetitive habeas claim if filed under Rule 59(e) in 28 *1714 days or under Rule 60(b) at, say, day 29. The label is the only "variance" that explains why one is now allowed but not the other. Ante , at 1709.
B
The Court proclaims that Rules 59(e) and 60(b) differ "in just about every way that matters to the inquiry here," ante , at 1709, but none of the differences that the Court cites matter under Gonzalez 's reasoning, which relies on the nature of the claim asserted in the post-judgment motion. Under that reasoning, it makes no difference that a Rule 60(b) motion may be filed later than a Rule 59(e) motion, that a Rule 59(e) motion (but not a later-filed Rule 60(b) motion) suspends a judgment's finality for purposes of appeal, or that an order denying a Rule 59(e) motion merges with the judgment for purposes of appeal, whereas a Rule 60(b) denial is separately appealable. Ante , at 1709 - 1711. Gonzalez did not rely on a single one of the Rule 60(b) characteristics mentioned by the Court here, and none matters under Gonzalez 's reasoning. On the contrary, Gonzalez 's logic was simple: If a motion advances a habeas claim, it counts as a habeas petition.
C
The Court looks to the history of motions to alter or amend a judgment, see ante , at 1705 - 1706, but it is hard to see how that history has a bearing on the issue in this case. As the Court notes, trial courts once had the power to correct errors in their judgments during but not after the term in which the judgment was handed down, but how this is relevant to our issue is a mystery. The point in time at which a court's power to alter or amend a judgment ends (whether at the conclusion of a court term or at a specified point after the entry of the judgment) is used to determine whether a motion to alter or amend is timely. But the issue before us is not whether Banister filed his Rule 59(e) motion within the time allowed for such motions (he did) but whether his motion counts as a habeas petition. The question would be exactly the same if district courts still had terms of court and his motion was filed before the term ended.
D
In arguing that "[t]his case requires us to choose between" § 2244(b) and Rule 59(e), ante , at 1704 - 1705, the Court invokes Habeas Rule 12, which states that "[t]he Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any statutory provisions or these rules, may be applied to a proceeding under these rules." According to the Court, AEDPA does not "place Rule 59(e) motions in th[e] category" of second or successive petitions, and therefore AEDPA does not alter Rule 59(e)'s role. Ante , at 1707 - 1708.
This argument greatly exaggerates the very limited role of Habeas Rule 12. Although "habeas corpus proceedings are characterized as 'civil,' " "the label is gross and inexact."
Harris v. Nelson
,
Let's count some of the ways in which habeas proceedings deviate from the Civil Rules. Discovery rules, which are central to civil litigation, do not apply "as a matter of right" in habeas proceedings.
Ibid
. Instead, a court's leave is required for factual development. See Habeas Rule 6(a) ; see also
Bracy v. Gramley
,
Our decisions rejecting some of the Civil Rules' procedural "formalisms" have often inured to the benefit of habeas petitioners.
Hensley v. Municipal Court, San Jose Milpitas Judicial Dist., Santa Clara Cty.
,
AEDPA has only widened the gap between habeas and other civil proceedings, see
Felker v. Turpin
,
*1716
On its own, then, Habeas Rule 12 cannot do the work that Banister needs. He must show that AEDPA itself contains the loophole he seeks to exploit, and he has not done so. The refrain echoed by the Court-that a Rule 59(e) motion comes included with a petitioner's "one full and fair opportunity" for habeas relief, Brief for Petitioner 1; see
ante
, at 1707-simply begs the question that AEDPA answers: namely, what that opportunity entails. It does not entail "a second chance to have the merits" of a habeas claim "determined favorably."
Gonzalez
,
Lifting partial quotations from our decision in
Browder
,
In
Browder
, a prison warden moved for reconsideration of a judgment granting habeas relief, but he did not do so within the time allowed by Rule 59 and Rule 52(b), which sets the same deadline for a motion to amend factual findings. All that the Court held was that those "time limits" were "thoroughly consistent with the spirit of the habeas corpus statutes," which did not address the "timeliness" of such a motion.
Browder in no way establishes that it is "thoroughly consistent with" AEDPA to allow a petitioner to accomplish via a Rule 59(e) motion what the prisoner could not achieve by honestly labeling his motion as a habeas petition. 2 The warden, of course, was not seeking habeas relief, so his Rule 59(e) motion could not have constituted a successive habeas petition.
E
This brings us to the Court's final redoubt, pre-AEDPA practice. We have sometimes looked there in interpreting AEDPA's terms. See
Slack v. McDaniel
,
In
Bannister v. Armontrout
,
Without any direct support, the Court reads volumes into what it sees as the disparate treatment of habeas petitioners' Rule 60(b) and 59(e) motions in pre-AEDPA days. Pre-AEDPA courts often, though not always, treated prisoners' Rule 60(b) motions as successive habeas petitions. See
Brewer v. Ward
,
This is nothing but speculation, and there is a more likely explanation for the disparity between reported cases dismissing Rule 60(b) and Rule 59(e) motions as second or successive. Before AEDPA, whether to entertain a successive habeas petition was left to "the sound discretion of the federal trial judges,"
Sanders v. United States
,
The important point, however, is that the Court can only speculate. But based on that speculation, the Court is willing to conclude that in the days before AEDPA, judges thought that they were legally required to decide the merits of second or successive habeas petitions if they were labeled as Rule 59(e) motions and that AEDPA's express and tight restrictions on second or successive petitions were enacted on the understanding that this feature of pre-AEDPA practice would not be disturbed. That is a tall order indeed, and this inconclusive case law does not suffice. See,
e.g.
,
Isbrandtsen Co. v. Johnson
,
IV
A
The Court muses that its opinion "may make habeas proceedings more efficient," ante , at 1701, but improving statutes is not our job, and in any event, the Court's assessment of the consequences of its decision is dubious.
State prisoners file thousands of federal habeas petitions per year. 3 After a petition *1718 is denied, as most are, the Court suggests that Rule 59(e) gives federal habeas courts a chance "to correct their own errors" or "to clarify their reasoning," but the value of this opportunity is questionable since, as the Court admits, " Rule 59(e) motions seldom change judicial outcomes." Ante , at 1708. Statistics agree that, in the main, district courts resolve habeas petitions correctly. In 2019, appeals courts reversed in only a miniscule percentage of appeals in cases involving state prisoners' habeas claims. 4
The Court is probably right that, once in a while, a Rule 59(e) motion could save the need for an appeal. But that positive effect is very likely outweighed by the burden imposed by the entirely meritless Rule 59(e) motions that today's decision will give prisoners an incentive to file. Not only will prisoners file such motions on the off chance of winning, but some may file simply to toll the deadline for filing an appeal, Fed. Rule App. Proc. 4(a)(4)(A)(iv). The burden of wading through these motions will not always be "slight." Ante , at 1708; see App. 219-253 (Banister's motion). And the aggregate burden on the district courts may actually be quite substantial.
The Court's decision would be more understandable if it offered any real benefit for habeas petitioners, but it does not. As Banister concedes, see Brief for Petitioner 33, the standard for Rule 59(e) relief from an erroneous judgment is higher than the standard for permission to appeal. Compare
Miller-El v. Cockrell
,
B
If treated according to their substance rather than their label, Rule 59(e) motions would still have "an unquestionably valid role to play" in habeas cases.
Gonzalez
,
Rule 59(e) motions can do the same. Through that Rule, a petitioner can flag manifest errors in a district court's application of AEDPA's statute of limitations, AEDPA's exhaustion requirement, or the rules of procedural default. See
Webb v. Davis
,
That is not what Banister sought. In substance, his Rule 59(e) motion was simply a repackaged version of his petition, and since the Fifth Circuit had not authorized him to file it, the District Court had no jurisdiction to consider it. See
Burton v. Stewart
,
V
The question remains whether Banister's Rule 59(e) motion tolled his appeal deadline. Under
Appellate Rule 4(a) provides that "the time to file an appeal runs for all parties from the entry of the order disposing of," among other things, a Rule 59(e) motion. Fed. Rule App. Proc. 4(a)(4)(A)(iv). Not on that list: successive habeas petitions. Since that is what Banister's Rule 59(e) motion was in substance, it did not toll his appeal deadline.
Banister contends that, even if his Rule 59(e) motion constituted a habeas petition, the simple act of filing it gave him more time to appeal. He points to the statement in
Artuz v. Bennett
,
This argument fails because the timeliness of Banister's appeal does not depend on whether what Banister labeled a Rule 59(e) motion was "filed" in the District Court. Under Appellate Rule 4(a), the time to appeal runs from the date when the district court finally disposes of a motion falling within one of six categories, including motions to alter or amend the judgment under Rule 59. And whether a motion falls into one of those categories depends on the substance of the motion, not the label that is affixed to it. See,
e.g.
,
Budinich v. Becton Dickinson & Co.
,
* * *
I would hold that a Rule 59(e) motion that constitutes a second or successive habeas petition is subject to § 2244(b) and that such a motion does not toll the time to appeal. I therefore conclude that the Fifth Circuit was correct to dismiss Banister's untimely appeal. Because the Court holds to the contrary, I respectfully dissent.
The complete text of the Rule reads: "A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment."
By contrast, courts may consider new arguments based on an "intervening change in controlling law" and "newly discovered or previously unavailable evidence." 11 Wright & Miller § 2810.1, at 161-162 (3d ed. 2012). But it is rare for such arguments or evidence to emerge within Rule 59(e)'s strict 28-day timeframe.
For additional examples, see
Slack v. McDaniel
,
A term of court in those days was simply a period in which a court was open for business. A statute or rule set the date of its commencement, and the court itself determined the date to adjourn. See
United States v. Pitman
,
The dissent's attempt to dismiss
Browder
is impossible to square with the opinion. Mostly, the dissent claims that
Browder
is just a case about "time limits."
Post,
at 1716 (opinion of ALITO, J.). But
Browder
is about time limits only in the sense that this case is about time limits: There, as here, the timeliness of a motion depended on the broader question whether Rule 59(e) applied in habeas proceedings. See
Under Rule 60(b), a court may relieve a party in civil litigation from a final judgment if the party can show (1) mistake, inadvertence, surprise, or excusable neglect; (2) certain newly discovered evidence; (3) fraud, misrepresentation, or misconduct by an opposing party; (4) voidness of the judgment; (5) certain events that would cast doubt on the validity or equity of continuing to apply the judgment; or (6) "any other reason that justifies relief." Fed. Rule Civ. Proc. 60(b)(1)-(6).
By contrast,
Gonzalez
held, a Rule 60(b) motion that attacks "some defect in the integrity of the federal habeas proceedings"-like the mistaken application of a statute of limitations-does not count as a habeas petition at all, and so can proceed.
The dissent's alternative explanation for this disparity does not pass muster. According to the dissent, habeas courts "might have been more inclined" to rule on the merits of Rule 59(e) motions because doing so was easier: after all, they (but not Rule 60(b) motions) always challenge a just-issued decision.
Post,
at 1717. But another course would have been easier still: throwing out the motion for raising repetitive claims. And even more to the point, that course would usually have been required if the dissent were right that Rule 59(e) motions counted as successive. Although pre-AEDPA courts had some discretion around the edges, the consideration of successive petitions was supposed to be "rare."
Kuhlmann v. Wilson
,
Texas objects that if a Rule 60(b) motion is filed within 28 days, it too suspends the finality of the underlying judgment so that the denial of the motion merges with that judgment on appeal. See Brief for Respondent 25, 28. But that is only because courts of appeals have long treated Rule 60(b) motions filed within 28 days as ... Rule 59(e) motions. See,
e.g.,
Skagerberg v. Oklahoma
,
Rule 59(e) motions can also assert "newly discovered or previously unavailable evidence" and "intervening change[s] in controlling law." 11 C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 2810.1 (3d ed. Supp. 2020). Banister's motion did neither, see Brief for Petitioner 47, so this case concerns only the types of claims that require automatic dismissal under
Browder
cites two cases for the proposition that courts had power to alter their judgments "in habeas corpus cases."
See Administrative Office of the U.S. Courts, Federal Judicial Caseload Statistics, U.S. District Courts-Civil Cases Commenced, by Basis of Jurisdiction and Nature of Suit (2019) (Table C-2). State prisoners' habeas petitions are listed under the "Federal Question" category of "Private Cases."
See id ., Table B-5.
Reference
- Full Case Name
- Gregory Dean BANISTER, Petitioner v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division
- Cited By
- 695 cases
- Status
- Published