Carlos Manuel Ayestas v. Harris County District Attorney's Office
Carlos Manuel Ayestas v. Harris County District Attorney’s Office
July 6, 2026·25-70014·Per Curiam·By James Taylor
The United States Court of Appeals for the Fifth Circuit granted a petition for rehearing en banc in this habeas corpus dispute. The court vacated the prior panel opinion and ordered a full rehearing with oral argument to be scheduled.
This case arises from a collateral proceeding involving a murder committed more than thirty-one years ago. The underlying dispute centers on a discovery order issued to a non-party, which the panel majority had vacated as unreasonably burdensome and a violation of work-product privilege. The panel also dismissed claims of selective prosecution.
The court’s reasoning
The court granted rehearing en banc after a majority of the circuit judges in regular active service voted in favor. The order vacates the panel opinion dated March 9, 2026, and directs the clerk to specify a briefing schedule for supplemental briefs. Oral argument will be set for a future date.
The dissent
What it means going forward
The prior panel decision is vacated, and the case returns to the full court for a new hearing. This extends the timeline for resolving the discovery dispute and the underlying habeas claims.
