Eleventh Circuit Court of Appeals - Published Opinions

Monday, June 01, 2015

Griffin: Rule 60(b)(5) does not apply to denial of habeas relief

In Griffin v. Sec., Fla. Dep’t of Corrections, No. 14-14851 (May 28, 2015), the Court denied a defendant’s argument that he was entitled to a certificate of appealability (COA) because jurists of reason could debate whether Federal Rule of Civil Procedure 60(b)(5), which permits litigants to challenge a final judgment when applying it prospectively is no longer equitable, permitted him to raise anew procedurally-defaulted ineffective-assistance-of-counsel claims. The Court held that Rule 60(b)(5) does not apply to the denial of habeas relief.