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Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (on Petition for Writ of Certiorari).
Argument: The circuit split makes Rule 60(b)'s safety valve of relief from judgment in "extraordinary" cases available only to prisoners in certain circuits. Deciding whether Martinez and Trevino can ever for part of the basis for "extraordinary circumstances" justifying Rule 60(b) relief is particularly important in capital cases. Gonzalez held that intervening supreme court decisions are not sufficient for Rule 60(b) relief, but did not hold such decisions could not form part of the basis for such relief.
Brief of Amici Curiae of Associations of Criminal Defense Attorneys in Support of Petitioner (on Petition for Writ of Certiorari) (California Attorneys for Criminal Justice, Florida Association of Criminal Defense Lawyers, New York Council of Defense Lawyers, and the National Association of Criminal Defense Lawyers).
Argument: This Court should grant review to clarify when harmless error will justify denial of the right to a jury determination on a contested essential element.
Brief of Amici Curiae National Association of Criminal Defense Lawyers and Texas Criminal Defense Lawyers Association in Support of Reversal.
Argument: The Fifth Circuit has repeatedly failed to follow this Court's precedent concerning issuance of COA. This Court has clearly articulated the standards for granting a COA. This Court was required to reiterate the standards for issuance of a COA in Miller-El v. Cockrell, 537 U.S. 322 (2003). The errors identified in Miller-El continue to influence Buck's case. The Fifth Circuit's self-created rules tend to impermissibly disfavor the grant of habeas corpus relief. The Fifth Circuit's consideration of COA again required this Court's intervention: In Tennard, 542 U.S. 274, 283 (2004). Despite this Court's stated principles for issuance of a COA, the Fifth Circuit proceeded along "a distinctly different track." Even after Tennard, the Fifth Circuit continued to adhere to its own jurisprudence rather than this Court's precedents. Mr. Buck's case is an appropriate one for this Court to reinforce the correct application of its COA standards in the Fifth Circuit.