· 5/7/2024
William Fitzgerald Seward v. State of Florida
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a Rule 60(b) motion seeking to advance substantive claims is treated as a successive habeas petition
- holding that a motion is not a true Rule 60(b) motion where the claims raised therein are based on new evidence or law
- holding that Rule 60(b)(6) relief is not available when the plaintiff had not acted diligently in pursuing review of the issue previously
- recognizing that Rule 60(b)(6) motions challenging procedural default are not barred as second or successive petitions under 28 U.S.C. § 2244(b)
- concluding that a Rule 60(b) motion for relief from judgment that directly challenges the underlying conviction constitutes a successive § 2254 petition
- holding that a change in the interpretation of AEDPA’s statute of limitations, the alleged “defect” and basis for the petitioner’s 60(b)(6
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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