In Re: Lewis
Court of Appeals for the Fifth Circuit
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
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
- United States v. RiggsCourt of Appeals for the Fifth Circuit · 2002
- In Re: WilsonCourt of Appeals for the Fifth Circuit · 2006
- McClellon v. Lone Star Gas Co.Court of Appeals for the Fifth Circuit · 1995
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3Cited by18 opinions
- Mathis v. ThalerCourt of Appeals for the Fifth Circuit · 2010
- Rivera v. QuartermanCourt of Appeals for the Fifth Circuit · 2007
- In Re: Andre WilliamsCourt of Appeals for the D.C. Circuit · 2014
- In re: Tadd Vassell v.Court of Appeals for the Fourth Circuit · 2014
- Henderson v. ThalerCourt of Appeals for the Fifth Circuit · 2010
13 more not listed; retrieve them via the Exa API.