Document Type

Amicus Brief

Publication Date

7-26-2024

Case Name

Rivers v. Lumpkin

Abstract

QUESTION PRESENTED: Whether a second-in-time habeas claim filed while an appeal from the judgment on an initial habeas claim is still pending counts as a second or successive habeas petition under 28 U.S.C. § 2244(b)

INTEREST OF AMICI CURIAE: Amici curiae are law professors and legal scholars who study federal post-conviction law and civil procedure. Amici curiae have no personal interest in the outcome of this case. They all share an interest in seeing habeas law applied in a way that ensures the just and timely adjudication of claims while preserving the traditional and intended operation of the Federal Rules of Civil Procedure. The amici are:

  • Lee Kovarsky is the Bryant Smith Chair in Law and the Co-Director of the Capital Punishment Center at University of Texas School of Law.
  • Valena E. Beety is the Robert H. McKinney Professor of Law at Indiana University Mauer School of Law.
  • David R. Dow is the Cullen Professor of Law at University of Houston Law Center.
  • Eric M. Freedman is the Siggi B. Wilzig Distinguished Professor of Constitutional Rights at Maurice A. Deane School of Law at Hofstra University.
  • Randy Hertz is the Fiorello LaGuardia Professor of Clinical Law and Vice Dean of New York University School of Law.
  • Sheri Lynn Johnson is the James and Mark Flanagan Professor of Law and Assistant Director of Death Penalty Project at Cornell Law School.
  • Justin Marceau is Professor of Law at University of Denver Sturm College of Law.
  • Ira P. Robbins is the Barnard T. Welsh Scholar and Professor of Law and Co-Director of the Criminal Justice Practice & Policy Institute at American University Washington College of Law.
  • Larry W. Yackle is Professor of Law Emeritus and Basil Yanakakis Faculty Research Scholar at Boston University School of Law.

Comments

FULL CASE NAME:

Danny Richard RIVERS,

Petitioner,

v.

Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division,

Respondent,

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