· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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