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· 4/13/1987

Wayne E. Ritter v. Fred Smith, Commissioner, Alabama Department of Corrections and J.D. White, Warden, Holman Unit

Citations

  • 811 F.2d 1398

How courts have described this case

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

  • holding Rule 60(b)(6) relief appropriate where “erroneous final judgment of this court had not been executed”
  • noting there is a “greater interest in finality” once a judgment is executed given that parties rely on those outcomes
  • “[S]omething more than a ‘mere’ change in the law is necessary to provide the grounds for Rule 60(b)(6) relief.”
  • affirming the district court’s Rule 60(b) reconsideration in a habeas case of judgment made pursuant to appellate court’s mandate in light of subsequent change in controlling law
  • relief allowed when \there has been a clear-cut change in the law\
  • “Though the above-mentioned cases plainly allow Rule 60(b)(6) relief where there has been a clear-cut change in the law, it is also clear that a change in the law will not always provide the truly extraordinary circumstances necessary to reopen a case.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Roney, Johnson, Anderson

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.