No. 25-6948

Kurnicus Hayes v. Arnold Patrick

Lower Court: Fifth Circuit
Docketed: 2026-03-03
Status: Pending
Type: IFP
IFP
Tags: extraordinary-circumstances habeas-corpus injustice judicial-access procedural-bar rule-60(b)(6)
Latest Conference: 2026-05-01
Question Presented (from Petition)

In Gonzalez v. Crosby, this Court held that in order to obtain Rule 60(b)(6) relief extraordinary circumstances must be present. In determining whether extraordinary circumstances are present a court may consider a wide range of factors. These may include, in an appropriate case, "the risk of injustice to the parties " and "the risk of undermining the public 's confidence in the judicial process. " The questions presented are:

1. Whether injustice outweighs the courts error and constitutes an extraordinary circumstance warranting relief under Rule 60(b)(6) catchall provision?

2. Whether a state 's court procedural bar ruling that is not consistently applied to cases that are procedurally analogous, effectively suspends the petitioner 's right to access the Great Writ?

Question Presented (AI Summary)

Whether injustice outweighs a court's error and constitutes an extraordinary circumstance warranting relief under Federal Rule of Civil Procedure 60(b)(6), and whether inconsistently applied state court procedural bars effectively suspend a petitioner's right to access habeas corpus

Docket Entries

2026-04-16
DISTRIBUTED for Conference of 5/1/2026.
2026-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2026)

Attorneys

Kurnicus Hayes
Kurnicus Hayes — Petitioner