United States Fifth Circuit

In a capital habeas petitioner's appeal from a denial of his motion to set aside a judgment that a year earlier had denied him habeas relief, the order is vacated where: 1) petitioner's application stated a Sixth Amendment ineffective assistance of counsel claim, and the Fed. R. Crim. P. 60(b) motion did not present a new habeas claim barred by the Antiterrorism and Effective Death Penalty Act; 2) the Texas Court of Criminal Appeals' ruling was not clearly based on an adequate state ground independent of the merits; and 3) the equities for Rule 60(b)(6) relief were compelling when the failure to investigate and present available mitigation evidence had already been found in the Section 2254 proceedings to be a substantial issue.

Appellate Information

• Decided 06/21/2010
• Published 06/21/2010

Judges

• LESLIE H. SOUTHWICK, Circuit Judge:, Before STEWART, OWEN, and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel