Monday, January 8, 2018
Today the Supreme Court issued its decision in Tharpe v. Sellers. In a per curiam opinion, it grants certiorari and vacates the Eleventh Circuit’s refusal to grant a certificate of appealability (COA) to a habeas petitioner challenging the district court’s denial of his Rule 60(b)(6) motion to reopen his federal habeas proceedings. It remands the case for further consideration of whether Tharpe is entitled to a COA.
Justice Thomas authors a dissenting opinion, joined by Justices Alito and Gorsuch.