Legal Opinion

Colvin v. Tanner

District Court, W.D. Louisiana

Decided February 2, 2021No. 5:19-cv-00923Unknown

1Opinion

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION JAMES L. COLVIN CIVIL ACTION NO. 19-923-P VERSUS JUDGE FOOTE WARDEN ROBERT TANNER MAGISTRATE JUDGE HORNSBY J U D G M E N T Petitioner has filed a motion to amend [Record Document 16] attempting to assert a violation of the rule enunciated in McCoy v. Louisiana,

138 S. Ct. 1500

(2018). He contends that this is permitted by 28 U.S.C. § 2244(b)(2)(A), which allows a court to hear a claim presented in a second or successive habeas petition when the claim “relies on a new rule of constitutional law, made…

2Cases cited3 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. McCoy v. LouisianaSupreme Court of the United States · 2018
  3. Phillip Smith, II v. Josh SteinCourt of Appeals for the Fourth Circuit · 2020

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