Eleventh Circuit Court of Appeals - Published Opinions

Thursday, July 28, 2016

Jones: Denying SOS based on Baptiste

In In re Kiwanis Jones, No. 16-14053-J (July 27, 2016), the Court denied an application to file a second or successive § 2255 motion, because the defendant had previously filed a “nearly identical Johnson-based” application that had been denied. Based on Baptiste, the Court was bound to dismiss the latest application, because it raised the same claim that was previously rejected. [Judges Rosenbaum and Jill Pryor, concurring, stated that Baptiste was wrongly decided.]