Raby v. Davis

(United States Fifth Circuit) – Denied a death row inmate’s request for a certificate of appealability to challenge the district court’s denial of his Federal Rule of Civil Procedure 60(b)(6) motion to reopen a judgment. The judgment had held that his federal habeas claims of ineffective assistance of counsel were procedurally foreclosed.

Rubio v. Davis

(United States Fifth Circuit) – Held that the district court had jurisdiction to hear a petition for habeas corpus. The “in custody” requirement was satisfied even though the state prisoner was currently imprisoned under a different judgment than the sexually violent predator civil commitment order he was attempting to challenge. Reversed and remanded.