Public-domain · open source
OpenJurist

449 F. App'x 284

In Re: Ronald Evans

U.S. Courts of Appeals

Decided October 6, 2011

U.S. Courts of Appeals · decided 2011-10-06

Cited by 1 later decisions — most recently July 2014

Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Graham v. Florida

Good law ✅— No negative treatment on recordhow we know

Decided 2011-10-06

View the full empirical analysis of this case →

¶1 Motion granted by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 After a jury convicted Ronald Evans of six narcotics crimes committed as a juvenile and a criminal conspiracy that extended for some time after his eighteenth birthday, a judge sentenced him to life imprisonment without the possibility of parole. Now, relying on Graham v. Florida, — U.S.-, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), Evans moves for authorization to file a successive habeas application. See 28 U.S.C. § 2255(h)(2). At oral argument, the Government properly acknowledged that in the appropriate case Graham establishes a previously unavailable rule of constitutional law that applies retroactively on collateral review. See 28 U.S.C. § 2244(b)(3)(C), (2)(A). The Government, however, contends that this is not such a case. Because Evans has made a “prima facie showing” that his “claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable,” id., we grant his motion for authorization to file a successive habeas application. We of course do not suggest any view on the ultimate merits of Evans’ claim.

¶4 MOTION GRANTED.

/449/fappx/284 · .json · Public domain