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· 2/9/2009

Tompkins v. Secretary, Department of Corrections

Citations

  • 557 F.3d 1257
  • 2009 U.S. App. LEXIS 2403
  • 2009 WL 296028

How courts have described this case

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

  • holding that all second-in-time habeas 13 petitions based on Brady claims are second or successive
  • holding that a COA should be denied where the claim “is foreclosed by a binding decision [of] this Court”
  • holding absent an authorizing order, the Court has no subject-matter jurisdiction to entertain a second or successive petition
  • noting the proper procedure for bringing a second or successive habeas petition is to obtain from the Eleventh Circuit an order authorizing the district court to consider the second or successive petition
  • “Mental competency to be. executed is measured at the time of execution, not years.before then.... because mental conditions of prisoners vary over time.”
  • “The Panetti case involved only a Ford claim, and the Court was careful to limit its holding to Ford claims.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Carnes, Hull

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.