In Re Jamaal Howard

Capital Case. Jamaal Howard is scheduled to be executed by the State of Texas after 6:00 p.m. central time on Wednesday, October 7, 2026. A state prisoner who wishes to file a second or successive habeas application must first obtain authorization from a court of appeals. 28 U.S.C. § 2244(b)(3)(A). The court of appeals “may authorize the filing” of the application “only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection.” § 2244(b)(3)(C) (emphasis added). The one-year statute of limitations is not in that subsection. It is in a different one. § 2244(d). The question presented is: Whether a court of appeals, ruling on a motion for authorization under 28 U.S.C. § 2244(b)(3), may deny authorization on the ground that the proposed application is untimely under 28 U.S.C. § 2244(d).