(Download) "In Re Neville" by United States Court of Appeals for the Fifth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: In Re Neville
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 08, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Robert James Neville moves pursuant to 28 U.S.C. § 2244(b)(2) for authorization to file a successive petition for writ of habeas corpus. He asserts that Atkins v. Virginia, 536 U.S. 304 (2002) and Roper v. Simmons, 543 U.S. 551 (2005) created a new rule of constitutional law, made retroactive by the Supreme Court, making the execution of mentally ill persons unconstitutional. No such rule of constitutional law was created, however, by either Atkins or Roper. See, e.g., In re Woods, 155 F. Appx. 132, 136 (5th Cir. 2005) (declining to grant a successive habeas petition to consider the defendants alleged mental illness because the new constitutional rule created in Atkins does not cover mental illness). He, therefore, cannot satisfy the requirements as set forth by AEPDA needed to grant authorization to file a successive habeas petition. 28 U.S.C. § 2244(b)(2).
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