May 13th, 2017
U.S. Court of Appeals for the Fifth Circuit Opinions
In Re: Eric Cathey
Dockets: 16-20312 , 16-70015
Opinion Date: May 11, 2017
Judge: Per Curiam
Areas of Law: Civil Rights, Constitutional Law, Criminal Law
Petitioner challenged the district court's transfer of his habeas petition to the Fifth Circuit based on the ground that the petition was second or successive. The Fifth Circuit affirmed the transfer order, holding that there was no intervening judgment here because the 2014 Texas Court of Criminal Appeal decision was not the one authorizing petitioner's confinement. In the alternative, the Fifth Circuit found that petitioner had made a requisite prima facie showing to file a successive habeas petition and the court granted his motion for authorization to file a successive petition. In this case, petitioner's Atkins claim relied on a previously unavailable new rule of constitutional law and his Atkins claim had merit.
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