Opinions Relating to Orders - 2018

Crutsinger v. Davis

The application for stay of execution of sentence of death presented to JUSTICE ALITO and by him referred to the Court is denied. The petition for a writ of certiorari is denied. Statement of JUSTICE SOTOMAYOR respecting the denial of certiorari. Petitioner Billy Jack Crutsinger seeks to reopen his petition for habeas corpus under Federal Rule of Civil Procedure 60(b)(6). This Rule requires that the movant “show ‘extraordinary circumstances’ justifying the reopening of a final judgment.” Gonzalez v. Crosby, 54.5 U. S. 524, 535 (2005) (quoting Ackermann v. United States, 340 U. S. 193, 199 (1950)). The District Court denied Crutsinger’s Rule 60(b) motion and the Court of Appeals for the Fifth Circuit denied a certificate of appealability. See — F. 3d —, 2019 WL 4010718 (Aug. 26, 2019); 28 U. S. C. §2253(c). Because I agree that Crutsinger has not made the requisite showings for relief, I concur in the denial of certiorari. I write separately to note potential tension between this Court’s decision in Gonzalez and the Fifth Circuit’s approach to Rule 60(b)(6). G