Legal Opinion

Tai Preyor v. Lorie Davis, Director

Court of Appeals for the Fifth Circuit

Decided July 27, 2017No. 17-70017UnpublishedCited by 6 opinions

1Opinion of the Court

PER CURIAM: **

Tai Chin Preyor was convicted of capital murder and sentenced to death in 2005. He challenged his conviction and sentence on direct appeal, in state post-conviction proceedings, and a federal habeas proceeding. No challenges were successful. On July 17, 2017, ten days before his scheduled execution, he filed a motion under Federal Rule of Civil Procedure 60, seeking to reopen his federal habeas proceedings under Rule 60(d)(3) (fraud on the court) and/or Rule 60(b)(6) (extraordinary circumstances). He claimed that his former habeas counsel of record, Brandy Estelle, who had been…

2Cases cited22 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  4. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  5. Martinez v. RyanSupreme Court of the United States · 2012

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3Cited by6 opinions

  1. Patrick Murphy v. Bryan CollierCourt of Appeals for the Fifth Circuit · 2019
  2. Al Haj v. United StatesDistrict Court, N.D. Texas · 2023
  3. Herrera v. United StatesDistrict Court, N.D. Texas · 2024
  4. Kimberly Monique Christian v. Captain Stephanie HornDistrict Court, S.D. Mississippi · 2026
  5. Peucker v. Director, TDCJ-CIDDistrict Court, N.D. Texas · 2022

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