| No. 19-8695 *** CAPITAL CASE *** | |
| Title: | Ruben Gutierrez, Petitioner v. Luis V. Saenz, et al. |
| Docketed: | June 15, 2020 |
| Linked with 19A1052 | |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (20-70009) |
| Decision Date: | June 12, 2020 |
| Date | Proceedings and Orders |
| Jun 15 2020 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020) |
| PetitionMotion for Leave to Proceed in Forma PauperisAppendixProof of ServiceOther | |
| Jun 15 2020 | Application (19A1052) for a stay of execution of sentence of death, submitted to Justice Alito. |
| Main Document | |
| Jun 15 2020 | Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by Texas Catholic Conference of Bishops. |
| Main DocumentOtherProof of Service | |
| Jun 15 2020 | Brief of respondents Bryan Collier, et al. in opposition filed. |
| Main DocumentProof of Service | |
| Jun 16 2020 | Reply of petitioner Ruben Gutierrez filed. |
| Main DocumentProof of Service | |
| Jun 16 2020 | Application (19A1052) referred to the Court. |
| Jun 16 2020 | Application (19A1052) granted by the Court. The application 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. The District Court should promptly determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution. |
| Jun 25 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Aug 10 2020 | Rescheduled. |
| Oct 05 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| Oct 05 2020 | Rescheduled. |
| Oct 13 2020 | DISTRIBUTED for Conference of 10/16/2020. |
| Oct 13 2020 | Rescheduled. |
| Oct 26 2020 | DISTRIBUTED for Conference of 10/30/2020. |
| Oct 26 2020 | Rescheduled. |
| Nov 02 2020 | DISTRIBUTED for Conference of 11/6/2020. |
| Nov 02 2020 | Rescheduled. |
| Nov 09 2020 | DISTRIBUTED for Conference of 11/13/2020. |
| Nov 10 2020 | Rescheduled. |
| Nov 16 2020 | DISTRIBUTED for Conference of 11/20/2020. |
| Nov 17 2020 | Rescheduled. |
| Nov 30 2020 | DISTRIBUTED for Conference of 12/4/2020. |
| Nov 30 2020 | Rescheduled. |
| Nov 30 2020 | Supplemental brief of petitioner Ruben Gutierrez filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 30 2020 | Motion for Leave to File District Court's Order of Ruben Gutierrez not accepted for filing. (December 09, 2020) |
| Dec 07 2020 | DISTRIBUTED for Conference of 12/11/2020. |
| Dec 07 2020 | Rescheduled. |
| Dec 07 2020 | Supplemental brief of respondents Bryan Collier, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Jan 04 2021 | DISTRIBUTED for Conference of 1/8/2021. |
| Jan 11 2021 | DISTRIBUTED for Conference of 1/15/2021. |
| Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021. |
| Jan 25 2021 | The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The June 12, 2020 order of the United States Court of Appeals for the Fifth Circuit granting the motion to vacate the stay of execution previously issued by the United States District Court for the Southern District of Texas is vacated. The case is remanded to the Court of Appeals with instructions to remand the case to the District Court for further and prompt consideration of the merits of petitioner’s underlying claims regarding the presence of a spiritual advisor in the execution chamber in light of the District Court’s November 24, 2020 findings of fact. Although this Court’s stay of execution shall terminate upon the sending down of the judgment of this Court, the disposition of the petition for a writ of certiorari is without prejudice to a renewed application regarding a stay of execution should petitioner’s execution be rescheduled before resolution of his claims regarding the presence of a spiritual advisor in the execution chamber. |
| Feb 26 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Matthew C. Lawry Counsel of Record | Defender Assoc. of Phila. Curtis Center, Suite 545 West 601 Walnut Street Philadelphia, PA 19106 matthew_lawry@fd.org | 215-928-0520 |
| Party name: Ruben Gutierrez | ||
| Attorneys for Respondents | ||
| Jefferson David Clendenin Counsel of Record | Office of the Attorney General of Texas P.O. Box 12548 Austin, TX 78711-2548 jay.clendenin@oag.texas.gov | 5124631416 |
| Party name: Bryan Collier, et al. | ||