Will v. Lumpkin, No. 18-70030 (5th Cir. 2020)Annotate this Case
The Fifth Circuit granted the petition for panel rehearing, withdrew its prior opinion, and substituted the following opinion.
The court held that when a court order disposes of a habeas claim on procedural and, in the alternative, substantive grounds, a Rule 60(b) motion contesting this order inherently presents a successive habeas petition. The court affirmed the district court's conclusion that it lacked jurisdiction over petitioner's Rule 60(b) motion -- facially challenging a procedural ruling and implicitly challenging a merits determination -- because it was a successive habeas petition under 28 U.S.C. 2254. The court also affirmed the district court's denial of petitioner's inherent prejudice claim, because petitioner failed to overcome the arduous standard of review in the Antiterrorism and Effective Death Penalty Act (AEDPA). In this case, petitioner identifies no clearly established law that the CCA misapplied, nor any unreasonable factual determinations on which the court based its holding.
This opinion or order relates to an opinion or order originally issued on August 17, 2020.