Kurnicus Hayes v. Arnold Patrick

In Gonzalez v. Crosby, this Court held that in order to obtain Rule 60(b)(6) relief extraordinary circumstances must be present. In determining whether extraordinary circumstances are present a court may consider a wide range of factors. These may include, in an appropriate case, “the risk of injustice to the parties” and “the risk of undermining the public’s confidence in the judicial process.” The questions presented are:

1. Whether injustice outweighs the courts error and constitutes an extraordinary circumstance warranting relief under Rule 60(b)(6) catchall provision?

2. Whether a state’s court procedural bar ruling that is not consistently applied to cases that are procedurally analogous, effectively suspends the petitioner’s right to access the Great Writ?