Supremecourt.gov Audio Stream [10AM Eastern]

Guerrero v. Johnson

Question presented to the Court:

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.

Opinion Below: 5th Cir.

Orders and Proceedings:

Joint appendix

Brief of petitioner Eric Guerrero

Brief amicus curiae of United States

Brief of respondent Dexter Johnson

Reply of petitioner Eric Guerrero

Commentary:

Justices to debate when an established rule is “previously unavailable” in habeas case - Nora Collins & Zachary Shemtob (SCOTUSblog)

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