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Reza Ahmadi v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-20295 · judgment December 22, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Does a court contravene Johnson u. Williams, 569 U.S. 289 (2013), evade application of Trevino v. Thaler, 569 U.S. 413 (2013), and depart from the accepted and usual course of judicial proceedings, when it holds in one opinion that an ineffectiveassistance claims was unexhausted and procedurally defaulted, then holds in a second opinion in the same case that the same claims was decided on the merits, and the only reason for revisiting the claims was this Court’s recognition of a narrow path to overcome the procedural default after final judgment?
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Does a court contravenes Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005), and depart from the accepted and usual of judicial proceedings, when it holds in one opinion that "[A] Rule 60(b) motion in a §2254 case is not to be treated as a successive habeas petition because the petitioner challenges the district court procedural without analysis of the grounds underlying constitutional claims, then holds in a second opinion in the same case that the habeas petition is an second or successive?
Counsel of record
For petitioner
Reza H. Ahmadi
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Aug 23 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 26 2023Petition for a writ of certiorari filed. (Response due August 7, 2023)