No. 20-1207
Alexander Balbuena v. Brian Cates, Acting Warden
Tags: aedpa amendment appeal appellate-procedure circuit-split federal-courts habeas-corpus habeas-petition petition-amendment second-or-successive
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Punishment JusticiabilityDoctri
DueProcess HabeasCorpus CriminalProcedure Punishment JusticiabilityDoctri
Latest Conference:
2021-06-10
(distributed 2 times)
Question Presented (AI Summary)
Whether a district court filing that seeks to amend a habeas petition pending on appeal constitutes a 'second or successive' petition under the Antiterrorism and Effective Death Penalty Act of 1996 ('AEDPA')
Question Presented (from Petition)
QUESTION PRESENTED Whether a district court filing that seeks to amend a habeas petition pending on appeal constitutes a “second or successive” petition under the Antiterrorism and Effective Death Penalty Act of 1996 (‘AEDPA”).
Docket Entries
2021-06-14
Petition DENIED.
2021-06-07
DISTRIBUTED for Conference of 6/10/2021.
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-05-17
Reply of petitioner Alexander Balbuena filed. (Distributed)
2021-05-03
Brief of respondent Brian Cates in opposition filed.
2021-04-01
Brief amici curiae of Federal Public Defender, District of Nevada, District of Arizona, Central District of California, and Eastern District of California filed.
2021-03-17
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2021.
2021-03-16
Motion to extend the time to file a response from April 1, 2021 to May 3, 2021, submitted to The Clerk.
2021-02-26
Petition for a writ of certiorari filed. (Response due April 1, 2021)
Attorneys
Alexander Balbuena
David A. O'Neil — Debevoise & Plimpton LLP, Petitioner
David A. O'Neil — Debevoise & Plimpton LLP, Petitioner
Brian Cates
Joshua Patashnik — California Department of Justice, Respondent
Joshua Patashnik — California Department of Justice, Respondent
Federal Public Defender, District of Nevada, District of Arizona, Central District of California, and Eastern District of California