Rivers v. Lumpkin

1 Citing case

  1. Roberts v. Lumpkin

    Civil Action H-24-4826 (S.D. Tex. Dec. 16, 2024)

    In re Cain, 137 F.3d at 235. A subsequent application is "second or successive" when it (1) "raises a claim challenging the petitioner's conviction or sentence that was or could have been raised in an earlier petition" or (2) "otherwise constitutes an abuse of the writ." Id.; see also Rivers v. Lumpkin, 99 F.4th 216, 220 (5th Cir. 2024), cert. granted, No. 23-1345, 2024 WL 4997858 (U.S. Dec. 6, 2024). Robert's proposed claims depend on facts that were available to him at or around the time of his conviction or his direct appeal and could have been presented previously.