Balentine v. Thaler

Summary

The Fifth Circuit denied rehearing en banc and denied as moot Balentine’s motion for a stay of execution. The court reaffirmed that, under circuit precedent, the Supreme Court’s decision in Martinez v. Ryan did not constitute an extraordinary circumstance warranting relief under Federal Rule of Civil Procedure 60(b)(6).

Holdings

1. Martinez v. Ryan does not constitute an extraordinary circumstance sufficient to warrant relief under Rule 60(b)(6).
2. Rehearing en banc was denied because the petition received insufficient votes, and rehearing by the panel was also denied.

Questions Presented

1. Whether rehearing should be granted to reconsider the panel's application of Ibarra v. Thaler to Balentine's Rule 60(b) motion in light of Martinez v. Ryan.
2. Whether Martinez v. Ryan constitutes an extraordinary circumstance warranting relief under Federal Rule of Civil Procedure 60(b)(6).
3. Whether Balentine was entitled to a stay of execution pending consideration of rehearing en banc.

Disposition

other