Austin News

U.S. Senator John Cornyn has filed an amicus brief supporting Texas in the case of Rivers v. Guerrero, currently on appeal from the Fifth Circuit under the Antiterrorism and Effective Death Penalty Act (AEDPA). The brief addresses concerns regarding Federal Rule of Civil Procedure 15.

"Rivers’s petition relies on a novel and atextual interpretation of Federal Rule of Civil Procedure 15 that would allow not just habeas petitioners—but all civil litigants—to bypass the safeguards of final judgments," stated Sen. Cornyn.

He emphasized that such an approach contradicts AEDPA's purpose, which aims to reduce delays in executing criminal sentences and uphold "the principles of comity, finality, and federalism."

"The Court should reject Rivers’s position and, instead, reaffirm the procedures established by AEDPA and the Federal Rules of Civil Procedure for challenging final judgments," he added.

The U.S. Supreme Court is set to hear oral arguments on March 31. An amicus brief allows parties to advise the court on legal matters impacting a case.

Background information reveals that Danny Richard Rivers was convicted in 2012 for charges related to child sexual abuse and possession of child pornography. After seeking state habeas relief unsuccessfully, he pursued federal habeas relief, which was denied by both district court and upon appeal at the Fifth Circuit. During this process, Rivers filed another federal habeas petition arguing it was an amendment to his original petition. This raised questions about when appeals are considered final under AEDPA restrictions.

Passed in 1996, AEDPA limits convicts to one habeas petition unless specific circumstances exist to prevent courts from being overwhelmed with repeated petitions from those with fair convictions.