This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Brian T. Burgess (Petitioner), according to Brian T. Burgess (Petitioner), petitioner Gregory Dean Banister argues that a Rule 59(e) motion filed within 20 days of judgment is part of the first opportunity to seek habeas relief and not a second habeas application.
Background and question before the Court
According to Justice Alito, justice Alito questioned whether the lack of a deadline for ruling on a Rule 59(e) motion is an anomaly.
Justice Kavanaugh asked how the Court should respond to the claim that there is no difference between Rule 59 and Rule 60, given historical distinctions.
What each side argues
Petitioner (Banister)
According to Brian T. Burgess (Petitioner), according to Brian T. Burgess (Petitioner), the Fifth Circuit’s decision should be reversed because a Rule 59(e) motion filed within 20 days of judgment is part of the first full opportunity to pursue habeas relief.
According to Brian T. Burgess (Petitioner), according to Brian T. Burgess (Petitioner), a Rule 59(e) motion is not a second habeas application.
Respondent (Davis)
Source-limited. The record does not yet support a complete account.
Texas (Amicus)
Texas argues that the petitioner’s examples involve motions that are not genuine Rule 59(e) relief and that the analysis should look beyond the pleading.
According to Texas, texas concedes that Banister filed a true Rule 59(e) motion but believes it should be subject to Section 2244(b).
What happened at oral argument
The argument began at 11:07 a.m.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 658c7a93ffbf23e84ee6-r1-d918c3b7ea5b31e1.pdforal argument transcript
Guide generated September 27, 2026. Automated validation accepted this version.