· 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 CourtListenerSourced 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.