Legal Opinion

In Re: Lewis

Court of Appeals for the Fifth Circuit

Decided April 13, 2007No. 06-41715PublishedCited by 18 opinions

1Per curiam

Texas death row inmate David Lee Lewis (“Lewis”) has applied for our authorization to file a successive application for a writ of habeas corpus in the district court. He seeks to challenge his death sentence pursuant to the Supreme Court’s decision in Atkins v. Virginia, 1 which prohibits execution of mentally retarded criminals. We deny Lewis’s motion for authorization because it is time-barred and because he has not demonstrated the sort of “rare and exceptional circumstances” that would justify equitable tolling of the limitations period.

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2Cases cited9 opinions

  1. Atkins v. VirginiaSupreme Court of the United States · 2002
  2. Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  3. United States v. RiggsCourt of Appeals for the Fifth Circuit · 2002
  4. In Re: WilsonCourt of Appeals for the Fifth Circuit · 2006
  5. McClellon v. Lone Star Gas Co.Court of Appeals for the Fifth Circuit · 1995

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3Cited by18 opinions

  1. Mathis v. ThalerCourt of Appeals for the Fifth Circuit · 2010
  2. Rivera v. QuartermanCourt of Appeals for the Fifth Circuit · 2007
  3. In Re: Andre WilliamsCourt of Appeals for the D.C. Circuit · 2014
  4. In re: Tadd Vassell v.Court of Appeals for the Fourth Circuit · 2014
  5. Henderson v. ThalerCourt of Appeals for the Fifth Circuit · 2010

13 more not listed; retrieve them via the Exa API.

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