Scott David Creech v. Tim Shoop, Warden
HabeasCorpus
Can a 60(b)(6) motion be considered a 60(b)(3) claim if it does not assert relief from judgment due to fraud, misrepresentation, or misconduct by an opposing party?
Questions Presented: : : I. CAN A LEGITIMATE 60(B)(6) MOTION BE CONSIDERED A 60(B)(3) CLAIM, IF THAT CLAIM DOES NOT ASSERT RELIEF FROM JUDGMENT : ; IN THE EVENT OF "FRAUD . . . MISREPRESENTATION, OR ; MISCONDUCT BY AN OPPOSING PARTY? AS SUCH, CAN IT BE BARRED BY THE ONE (1) YEAR STATUTE OF LIMITATIONS? . Il. DOES THE CASE OF STONE V. POWELL, 428 U.S. 465, 494, 96 S. CT. 3037, 49 L. ED. 2D 1067 (1976), OVERRIDE THE CASE OF FRANKS V. DELAWARE, 438 U.S. 154, 98 S. CT. 2674, 57 L. ED. 2D 667 (1978) IN A HABEAS CORPUS PETITION? AND WAS PETITIONER PROVIDED A FULL AND FAIR LITIGATION OF HIS FOURTH AMENDMENT CLAIM IN STATE COURT? : . L All parties appear in the caption of the cover page, Fe / | IN THE ; ; SUPREME COURT OF THE UNITED STATES Oe PETITION FOR WRIT OF CERTIORARI : Petitioner respectfully prays that a writ of certiorari issues to review the judgment below. OPINIONS BELOW For Cases from Federal Courts: The Opinion of the United States Court of Appeals appears at