United States Fifth Circuit

In an aggravated robbery prosecution, petitioner's motion for a certificate of appealability of the denial of his habeas petition is denied where petitioner could not use Rule 60(b)(6) to circumvent the principle that, when the Supreme Court announces a new rule of law and applies it to the parties before it, the new rule was given retroactive effect only in cases that are still open on direct review.

Appellate Information

• Decided 01/07/2011
• Published 01/07/2011

Judges

• Array

Court

• United States Fifth Circuit

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