Billy Jack Crutsinger v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus JusticiabilityDoctri
Whether a court can consider a change in the law as one of many factors in determining extraordinary circumstances warranting relief from judgment under Rule 60(b)
QUESTION PRESENTED 1. Whether in ruling on a 60(b) motion for relief from judgment, a court can consider "a change in the law" as one of many wide-range of factors, in determining whether extraordinary circumstances are present, warranting relief from the judgment IL. Whether an allegation that an indigent, death-sentenced habeas applicant has been deprived of his statutory right to representation in a 28 U.S.C. § 2254 federal habeas corpus proceeding is an allegation that there existed a structural defect in the integrity of the proceeding, and whether an applicant can challenge that structural defect in a Motion for Relief From the Judgment under Fed. R. Civ. P. 60(b)