Skip to main content

No. 23-1345October Term 2024Decided Jun 12, 2025

Docket 23-1345October Term 2024 (2024–2025)

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
Case AcceptedDec 6, 2024
Arguments HeardMar 31, 2025
Decision ReleasedJun 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