Legal Opinion

Banister v. Davis

Supreme Court of the United States

Decided June 1, 2020No. 18-6943PublishedCited by 769 opinions

1Opinion of the CourtJustice Kagan

*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." 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.

I

This case is about two procedural rules. First, Rule 59(e) applies in federal civil litigation generally. (Habeas…

Also in this document: Dissent.

2Cases cited54 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. Preiser v. RodriguezSupreme Court of the United States · 1973
  5. Hickman v. TaylorSupreme Court of the United States · 1947

49 more not listed; retrieve them via the Exa API.

3Cited by769 opinions

  1. Kathleen O'Donnell v. Andrew SaulCourt of Appeals for the Seventh Circuit · 2020
  2. BLOM Bank SAL v. HonickmanSupreme Court of the United States · 2025
  3. Anila Daulatzai v. State of MarylandCourt of Appeals for the Fourth Circuit · 2024
  4. Acadian Diagnostic Lab, L.L.C. v. Quality ToxicoloCourt of Appeals for the Fifth Circuit · 2020
  5. Federal Trade Commission v. Andris PukkeCourt of Appeals for the Fourth Circuit · 2022

764 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API