Nooner v. Norris

RILEY, Circuit Judge.

Terrick Terrell Nooner (Nooner) appeals the district court’s denial of his application for a writ of habeas corpus under 28 U.S.C. § 2254. We reverse the dismissal of Nooner’s habeas application as a second or successive application and remand for further proceedings.

I. BACKGROUND

On March 16, 1993, Nooner shot and killed Scot Stobaugh. A jury convicted Nooner of capital-felonymurder with aggravated robbery and theft of property as the underlying felonies, and the jury returned a verdict of death by lethal injection.

Nooner appealed the conviction and sentence. The Supreme…