July 21st, 2019

US Court of Appeals for the Fifth Circuit Opinions
Crutsinger v. Davis

Docket: 18-70027
Opinion Date: July 19, 2019
Judge: Per Curiam
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit denied petitioner's motion for a stay of execution, holding that he failed to demonstrate that the circumstances justify the exercise of the court's equitable discretion. The court held that petitioner was unlikely to succeed on the merits of his claim that this case should proceed in federal court without the pressures of a state execution setting. Even even assuming arguendo he could establish a likelihood of success, the other factors also weigh in favor of the state and against a stay. The court explained that, at this point, a denial of his stay motion would not prevent him from fully and fairly litigating the merits of his Rule 60(b)(6) motion before the district court.

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