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Cert. Granted

Guerrero v. Johnson

Docket No.25-1003
Op. Below5th Cir.
ArgumentNov 4, 2026

Issue

Whether a claim relies on a “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable” when the habeas petitioner could have asserted a claim based on the rule in a prior federal habeas petition.

Proceedings & orders timeline

Feb 19, 2026
Petition for a writ of certiorari filed. (Response due March 25, 2026)
Mar 4, 2026
Motion to extend the time to file a response from March 25, 2026 to April 24, 2026, submitted to The Clerk.
Mar 6, 2026
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2026.
Mar 25, 2026
Amici brief of Louisiana, et al. not accepted for filing. (To be resubmitted - March 30, 2026)
Mar 25, 2026
Brief amici curiae of Louisiana, et al. filed. (Resubmitted)
Apr 24, 2026
Motion for leave to proceed in forma pauperis filed by respondent Dexter Johnson.
Apr 24, 2026
Brief of respondent Dexter Johnson in opposition filed.
May 8, 2026
Reply of petitioner Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutes Division filed. (Distributed)
May 12, 2026
DISTRIBUTED for Conference of 5/28/2026.
Jun 1, 2026
DISTRIBUTED for Conference of 6/4/2026.
Jun 8, 2026
DISTRIBUTED for Conference of 6/11/2026.
Jun 15, 2026
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 15, 2026
Petition GRANTED.
Jul 30, 2026
Joint appendix filed.
Jul 30, 2026
Brief of petitioner Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutes Division filed.
Aug 6, 2026
Brief amicus curiae of Protasio Aparece filed.
Aug 6, 2026
Brief amici curiae of Louisiana, et al. filed.
Aug 6, 2026
Brief amicus curiae of United States filed.
Aug 7, 2026
Motion for an extension of time to file respondent's brief on the merits filed.
Aug 11, 2026
SET FOR ARGUMENT on Wednesday, November 4, 2026.
Aug 13, 2026
Motion to extend the time to file respondent's brief on the merits is granted and the time is extended to and including September 18, 2026.
Aug 24, 2026
Record requested from the United States Court of Appeals for the Fifth Circuit.
Aug 27, 2026
CIRCULATED
Sep 9, 2026
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Sep 9, 2026
Record received electronically from the United States District Court for the Southern District of Texas and available with the Clerk.
Sep 18, 2026
Brief of Dexter Johnson submitted.

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