Skip to main content
· 7/26/2023

In the Interest of B.W., K.M., and S.M., Minor Children

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing two narrow exceptions - for clerical errors and fraud - to the rule that a Rule 60(b
  • stating that in Calderon, the Supreme Court recognized 9 that a mandate in a habeas case can be recalled when there was a fraud on the court, creating a question about the legitimacy of the judgment
  • noting the “total ban on claims that were presented in a prior petition” (emphasis added)
  • \The central purpose behind the AEDPA was to ensure greater finality of state and federal court judgments in criminal cases....\
  • \One of the most popular vehicles used in the attempted end-runs [around AEDPA] is a Fed.R.Civ.P. 60(b) motion requesting that the prior judgment denying relief be set aside.\
  • “One of the most popular vehicles used in the attempted end-runs [around AEDPA] is a Fed.R.Civ.P. 60(b) motion requesting that the prior judgment denying relief be set aside.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.