United States Fifth Circuit

In a death penalty case, a motion for authorization to file a successive application for a writ of habeas corpus based on an Atkins claim is denied as it was time-barred and defendant did not demonstrate the sort of "rare and exceptional circumstances" that would justify equitable tolling of the limitations period.

Appellate Information

• Decided 04/13/2007
• Published 04/16/2007

Judges

• PER CURIAM:, Before JONES, Chief Judge, and DAVIS and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David R. Dow, University of Houston, Law Center, Houston, TX, for Movant.