Crutsinger v. Davis, No. 19-70012 (5th Cir. 2019)
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Petitioner moved for a certificate of appealability (COA) to appeal whether, under Federal Rule of Civil Procedure 60(b)(6), extraordinary circumstances required the Fifth Circuit to reopen the final judgment and grant funding for representation services, as well as a stay of execution.
The court denied a COA and held that petitioner failed to show that reasonable jurists would debate whether the district court abused its discretion in denying his motion. The court reasoned that, the changes in decisional law, even when viewed in conjunction with additional factors, failed to establish extraordinary circumstances warranting relief from the judgment. The court also denied the stay of execution because petitioner did not establish that the circumstances justified the exercise of the court's equitable discretion.
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