No. 19-8907

Jonathan Boyer v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2020-07-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-uscs-2254 civil-procedure federal-courts federal-habeas habeas-corpus judicial-procedure motion-to-recall relitigation-bar statutory-interpretation successive-petition
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether and under what circumstances a motion to recall judgment attacking the erroneous application of the relitigation bar in 28 USCS 2254(d) should be recharacterized as a second or successive habeas petition?

Question Presented (from Petition)

QUESTION PRESENTED Whether and under what circumstances a motion to recall judgment attacking the erroneous application of the relitigation bar in 28 USCS 2254(d) should be recharacterized as a second or successive habeas petition? i LIST OF PRIOR PROCEEDINGS The

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-05
Waiver of right of respondent Darrel Vannoy to respond filed.
2020-06-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2020)

Attorneys

Darrel Vannoy
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Jonathan Boyer
Richard John BourkeLouisiana Capital Assistance Center, Petitioner
Richard John BourkeLouisiana Capital Assistance Center, Petitioner