No. 23-1345October Term 2024Decided Jun 12, 2025
Danny Richard Rivers, Petitioner v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
The Supreme Court held that any federal habeas petition filed after a district court has entered judgment on a first petition counts as a "second or successive" application subject to strict procedural limits, even if an appeal of the first petition is still pending.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 12, 2025
- What it's about
The Supreme Court held that any federal habeas petition filed after a district court has entered judgment on a first petition counts as a "second or successive" application subject to strict procedural limits, even if an appeal of the first petition is still pending. This ruling clarifies that the entry of judgment, rather than the conclusion of the appellate process, triggers the Antiterrorism and Effective Death Penalty Act's restrictions on repeat filings.
Question presented
Does 28 U.S.C. § 2244(b)(2) apply to all second habeas petitions, or only specific types of second petitions?
- Case path
United States Court of Appeals for the Fifth Circuit / Decision released Jun 12, 2025
- Area
Criminal Procedure
Documents
Related cases




Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 23-1345
docket | Mar 30, 2026
Primary case document
Supreme Court document | Mar 30, 2026
CourtListener docket record
docket | Mar 30, 2026
Questions Presented
brief | Mar 8, 2026
opinion
opinion | Jun 12, 2025
Rivers
opinion | Jun 12, 2025
Oral Arguments - Rivers
audio | Mar 31, 2025
Petition
brief | Jun 24, 2024