Sheppard v. Robinson, No. 13-3165 (6th Cir. 2015)Annotate this Case
Petitioner, convicted of murder and sentenced to death, seeks to reopen his federal habeas case in light of Martinez v. Ryan, which was decided a month before petitioner filed his petition for certiorari in his federal habeas case. The court concluded that Gonzalez v. Crosby is controlling in this case. The court affirmed the district court's denial of petitioner's Rule 60(b) motion where this court has already held that the Supreme Court’s decision in Martinez and its follow-on decision in Trevino v. Thaler, are not “extraordinary” within the meaning of Rule 60(b)(6). Further, petitioner was not diligent in seeking relief from the Supreme Court on direct review in his habeas case.