⚖ Oral Arguments, with Context

The Fifth Circuit rehears a dispute over prosecutors' records in Carlos Ayestas's death-penalty case. Ayestas was convicted of killing a woman during a robbery or burglary, and sentenced to death. Years later, his lawyers found a charging memo listing his non-citizen status as a reason to seek death. That line was crossed out; whether the memo shows discrimination is contested. He sought to add that claim to his federal habeas case, a challenge to his state conviction and sentence. The district court reopened the case and permitted discovery. A magistrate judge then ordered the Harris County District Attorney's Office to produce records from other capital cases. The office appealed without first seeking district-judge review of that order. The full court is rehearing the appeal. The questions are whether this appeal is proper and whether the claim can proceed as part of the original case. Meagan Scott represents the District Attorney's Office. She will ask the court to block discovery.

Ayestas v. Harris County (No. 25-70014) — U.S. Court of Appeals for the Fifth Circuit, argued September 23, 2026.