Legal Opinion

In Re: Larry Swearingen

Court of Appeals for the Fifth Circuit

Decided August 16, 2019No. 19-20565Published

1Opinion of the Court

STUART KYLE DUNCAN, Circuit Judge:

Larry Ray Swearingen, convicted nineteen years ago of capital murder for strangling nineteen-year-old Melissa Trotter, seeks permission to file a fourth federal habeas corpus petition. He also moves to stay, for the fifth time, his execution date, scheduled for the evening of Wednesday, August 21, 2019. Finding Swearingen's claims fail to meet the strict requirements imposed by 28 U.S.C. § 2244 (b) for authorizing a successive petition, we DENY his application and also DENY his motion for stay of execution.

I

The facts and extensive litigation history of…

2Cases cited17 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Swearingen v. StateCourt of Criminal Appeals of Texas · 2003
  4. Swearingen v. StateCourt of Criminal Appeals of Texas · 2010
  5. In Re SwearingenCourt of Appeals for the Fifth Circuit · 2009

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