Legal Opinion
Rodwell v. Pepe
Court of Appeals for the First Circuit
Decided April 1, 2003No. 01-2411PublishedCited by 49 opinions
1Opinion of the Court
SELYA, Circuit Judge.
The ease at bar presents a question of first impression in this circuit regarding the circumstances under which a state prisoner may use Rule 60(b) of the Federal Rules of Civil Procedure as a vehicle for resurrecting a previously dismissed habeas petition. There are three principal schools of thought on this controversial subject. Some courts have held that Rule 60(b) remains fully velivolant in the habeas context. Others have held that the restrictions imposed on the filing of second or successive applications for habeas relief by the Antiterrorism and Effective Death…
2Cases cited16 opinions
- Felker v. TurpinSupreme Court of the United States · 1996
- Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 59 v. Superline Transportation Company, Inc.Court of Appeals for the First Circuit · 1992
- Harold McQueen Jr. v. Gene Scroggy, WardenCourt of Appeals for the Sixth Circuit · 1996
- Ellis v. United StatesCourt of Appeals for the First Circuit · 2002
- Robert Rodriguez v. Robert Mitchell, Superintendent, Eastern Correctional Facility, and Eliot Spitzer, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Gonzalez v. CrosbySupreme Court of the United States · 2005
- Roy William Harris v. United StatesCourt of Appeals for the Second Circuit · 2004
- Trenkler v. United StatesCourt of Appeals for the First Circuit · 2008
- Gonzalez v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2004
- James Mario Pridgen v. Shannon the District Attorney of the County of Lancaster the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2004
44 more not listed; retrieve them via the Exa API.