Johnson v. Davis, No. 19-20552 (5th Cir. 2019)
Annotate this Case
The Fifth Circuit denied petitioner's motion for a certificate of appealability, holding that reasonable jurists would not debate that the district court did not abuse its discretion in denying petitioner's Rule 60(b) motion. In this case, petitioner failed to brief any waived claims sufficient to allow the district court to determine whether extraordinary circumstances were present, and petitioner failed to provide the court any authority that 18 U.S.C. 3599 has ever provided relief under Rule 60(b).
However, in light of In re Cathey, 857 F.3d 221 (5th Cir. 2017), the court held that Atkins v. Virginia, 536 U.S. 304 (2002), created a new rule of constitutional law made retroactive to cases on collateral review by the Supreme Court. The court granted petitioner's motion for authorization of a successive application for habeas corpus relief under 28 U.S.C. 2244(b)(2)(A) and stayed his execution. The court held that petitioner made a prima facie showing of intellectual disability. Finally, the court held that the district court was in a better position to determine the timeliness of petitioner's motion for a successive application.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.