United States Sixth Circuit

In a death penalty matter arising from offenses of first-degree murder, second-degree burglary, and grand larceny, various district court rulings denying petitioner relief and motions brought by petitioner are affirmed and denied, respectively, as: 1) a request for authorization to file a successive section 2254 petition is denied as petitioner failed to meet the standard under the AEDPA that would allow him to do so; 2) for purposes of a motion for a COA, petitioner did not demonstrate that an adequate issue exists concerning whether extraordinary circumstances are present to justify Rule 60(b) relief; 3) a motion for a COA on a decision denying his request to appoint counsel to represent him in the clemency proceedings is denied; and 4) a motion for a stay of execution is denied.

Appellate Information

• Decided 09/27/2007
• Published 09/27/2007

Judges

• Before:  SILER, CLAY, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Dana C. Hansen Chavis, Federal Defender Services, Knoxville, TN, for Petitioner-Appellant.


• For Appellees:
  
• Gordon W. Smith, Glenn R. Pruden, Asst. Atty. General, Office of the Attorney General, Nashville, TN, for Respondent-Appellee.