In Re: Alfred Bourgeois

The Fifth Circuit denied movant's request for authorization to consider a successive motion to vacate his death sentence under 28 U.S.C. 2255(h). The court held that movant's successive section 2255 motion presented only a single claim that was already presented in his original motion. In this case, movant was barred from relitigating his Atkins claim under 28 U.S.C. 2244(b)(1)'s strict relitigation bar, which the court incorporated into section 2255(h)'s scheme. View "In Re: Alfred Bourgeois" on Justia Law