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Decided

Guerrero v. Busby

Application to vacate stay of execution granted on May 14, 2026. Justice Kagan would deny the application. Justice Jackson wrote a dissent from the denial, joined by Justice Sotomayor.

Docket No.25A1235
Op. Below5th Cir.
FiledMay 11, 2026

Proceedings & orders timeline

May 11, 2026
Application (25A1235) to vacate stay of execution of sentence of death, submitted to Justice Alito.
May 13, 2026
Response to application from respondent Edward Busby filed.
May 13, 2026
Reply of applicant Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed.
May 14, 2026
Application (25A1235) referred to the Court.
May 14, 2026
Application (25A1235) to vacate stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted. The May 8, 2026 order of the United States Court of Appeals for the Fifth Circuit, case Nos. 26-70004 and 26-10354, granting a stay of execution is vacated. Justice Kagan would deny the application to vacate the stay of execution. Justice Jackson, with whom Justice Sotomayor joins, dissenting from the grant of application to vacate stay. (Detached Opinion )

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