No. 18-1222

Christopher Andre Vialva v. United States

Lower Court: Fifth Circuit
Docketed: 2019-03-20
Status: Denied
Type: Paid
Tags: capital-case certificate-of-appealability due-process federal-habeas federal-habeas-proceedings federal-procedure habeas-corpus integrity-of-proceedings judicial-misconduct rule-60(b) rule-60(b)(6) rule-60b successive-habeas-petition successive-petition
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Related Cases: 18-6992 (Vide)
Question Presented (AI Summary)

Whether the Fifth Circuit erred in denying a Certificate of Appealability to review whether Petitioner's Rule 60(b)(6) motion challenging a procedural defect in the integrity of his federal habeas proceedings must be dismissed as a successive motion under § 2255(h)

Question Presented (from Petition)

QUESTION PRESENTED After the United States Court of Appeals for the Fifth Circuit resolved Petitioner’s motion under § 2255 seeking habeas relief from his death sentence, a public investigation revealed that the federal judge who presided over Petitioner’s capital trial and habeas proceedings was suffering from a debilitating addiction to alcohol while Petitioner’s cases were pending before him. The revelations about the judge’s alcohol abuse and impaired decision-making cast new light upon irregular decisions the judge had made during the conduct of Petitioner’s proceedings. Petitioner sought relief under Rule 60(b)(6) of the Federal Rules of Civil Procedure, asserting that the judge’s impairment was a defect in the integrity of Petitioner’s capital trial and habeas proceedings. The district court dismissed Petitioner’s Rule 60(b) motion as a successive habeas petition under § 2255(h). The Fifth Circuit summarily rejected Petitioner’s request for a Certificate of Appealability. The question presented is: Whether the Fifth Circuit erred, in conflict with decisions of other federal court of appeals and the decision of this Court in Gonzalez v. Crosby, 545 U.S. 524 (2005), in denying a Certificate of Appealability to review whether Petitioner’s Rule 60(b)(6) motion challenging a procedural defect in the integrity of his federal habeas proceedings must be dismissed as a “merits-based,” successive motion under § 2255(h)?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
Reply of petitioner Christopher Vialva filed. (Distributed)
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
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.
2019-05-14
Motion to extend the time to file a response is granted and the time is further extended to and including June 21, 2019.
2019-05-13
Motion to extend the time to file a response from May 20, 2019 to June 21, 2019, submitted to The Clerk.
2019-04-10
Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2019.
2019-04-09
Motion to extend the time to file a response from April 19, 2019 to May 20, 2019, submitted to The Clerk.
2019-03-19
Petition for a writ of certiorari filed. (Response due April 19, 2019)
2019-02-06
Application (18A801) granted by Justice Alito extending the time to file until March 19, 2019.
2019-02-04
Application (18A801) to extend the time to file a petition for a writ of certiorari from February 17, 2019 to April 18, 2019, submitted to Justice Alito.

Attorneys

Christopher Vialva
Michael Francis WilliamsKirkland and Ellis LLP, Petitioner
Michael Francis WilliamsKirkland and Ellis LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent