· 8/7/2014
Jermont Cox v. Martin Horn
Citations
- 757 F.3d 113
- 89 Fed. R. Serv. 3d 73
- 2014 WL 3865836
- 2014 U.S. App. LEXIS 15207
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that courts should “heed the Supreme Court’s observation—whether descriptive or prescriptive—that Rule 60(b)(6) relief in the habeas context . . . will be rare”
- holding that ninety days between a change in law and a defendant filing a Rule 60(b)(6) motion was reasonable
- recognizing that relief under Rule 60(b)(6) is 6 inappropriate “for claims of dubious merit”
- stating that “for 60(b)(6) relief, what must be shown are extraordinary circumstances where, without such relief, an extreme and unexpected hardship would occur”
- noting that “intervening changes in the law rarely justify relief from final judgments under 60(b)(6)”
- noting that petitioner was asserting a Rule 60(b)(6) challenge seeking relief from previous Section 2254 dismissal based on procedural default
Source: CourtListener parenthetical corpus (CC0).
Judges: Ambro, Barry, Restani
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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