Legal Opinion

Thomas D. Arthur v. Kim Tobias Thomas

Court of Appeals for the Eleventh Circuit

Decided January 6, 2014No. 12-13952PublishedCited by 133 opinions

1Opinion of the Court

HULL, Circuit Judge:

Death row inmate Thomas Arthur appeals the denial of his Federal Rule of Civil Procedure 60(b)(6) Motion for Relief from Judgment. Arthur asserts that the Supreme Court’s issuance of its decision in Martinez v. Ryan> 566 U.S.-, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), constitutes an extraordinary circumstance under Rule 60(b)(6) sufficient to justify the reopening of the final judgment in his prior 28 U.S.C. § 2254 habeas petition. After reviewing the record and considering the arguments presented in the briefs, and with the benefit of oral argument, we affirm.

I. BACKGROUND…

2Cases cited31 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Martinez v. RyanSupreme Court of the United States · 2012
  4. Holland v. FloridaSupreme Court of the United States · 2010
  5. Gonzalez v. CrosbySupreme Court of the United States · 2005

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3Cited by133 opinions

  1. Jermont Cox v. Martin HornCourt of Appeals for the Third Circuit · 2014
  2. Joseph Lombardo v. United StatesCourt of Appeals for the Seventh Circuit · 2017
  3. Cary Michael Lambrix v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2014
  4. Errol Moses v. Carlton JoynerCourt of Appeals for the Fourth Circuit · 2016
  5. Juan Carlos Chavez v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2014

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

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