In re: John Henry

Petitioner filed an emergency application for leave to file a second or successive federal habeas corpus petition based on 28 U.S.C. 2244(b) and the Supreme Court's recent decision in Hall v. Florida. After thorough review, the court denied the application because the rule enunciated in Hall has not been made retroactive and even if it had, petitioner has not shown a reasonable likelihood of success that he would benefit from the rule in Hall. The court also denied the motion for a stay from execution. View "In re: John Henry" on Justia Law