In Re: Alfred Bourgeois

Movant, a federal death row inmate, sought authorization for a successive motion to vacate his death sentence, claiming that he is intellectually disabled. The Fifth Circuit held that the larger statutory context favors applying 28 U.S.C. 2244(b)(1)'s strict relitigation bar to federal prisoners. In this case, movant was barred from relitigating his Atkins claim and his 28 U.S.C. 2255 motion presented only a single claim that was already presented in his original motion. Therefore, the court denied his request for authorization. View "In Re: Alfred Bourgeois" on Justia Law