Opinion · Court of Appeals for the Sixth Circuit
Sedley Alley v. Ricky Bell, Warden
405 F.3d 371
- Type
- Opinion
- Court
- Court of Appeals for the Sixth Circuit
- Jurisdiction
- Federal
- Date
- 2005-04-11
- Topic
- general
ORDER On November 2, 2003, the district court issued an order staying Alley’s execution and holding in abeyance any proceedings on his purported Rule 60(b) motion until this court decided In re Abdur’Rahman. This ruling was appealed to our court, and oral argument was held on June 16, 2004. On December 13, 2004, this court issued its opinion in Abdur’Rahman, 392 F.3d 174 (6th Cir.2004) (en banc), but the district court was unable to consider AbdurRahman’s impact on the particular circumstances of Alley’s filing because Alley’s case was before this court on appeal. On December 14, 2004, this court issued an opinion on that appeal, vacating the stay of execution and determining that Alley’s filing could not be considered a proper Rule 60(b) motion under Abdur'Rahman. Alley v.
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- Cited by
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Joseph F. Whalen, III, Asst. Atty. General, Office of the Attorney General, Nashville, TN, for Respondent-Appellant.
On December 14, 2004, this court issued an opinion on that appeal, vacating the stay of execution and determining that Alley's filing could not be considered a proper Rule 60(b) motion underAbdur'Rahman. Alley v. Bell,392 F.3d 822(6th Cir. 2004). Alley sought rehearing en banc.
We now grant rehearing en banc, and remand the case to the district court to determine, in the first instance, whether Alley's motion can be considered a proper Rule 60(b) motion under this court's opinion inAbdur'Rahman.
Moreover, Alley's allegation regarding the affidavit, whether true or not, has nothing to do with his state court proceedings and, indeed, would not be relevant to a trial-court-relatedBradyclaim. State attorneys certainly could have willfully or recklessly withheld evidence from the federal habeas court without having willfully or recklessly done so at Alley's state trial — in fact none of the attorneys about whose actions Alley complains appeared for the State at Alley's trial. As a result, the resolution of Alley's Rule 60(b) motionPage 373would be irrelevant to the constitutionality of his state trial, since success on this motion would merely serve to reopen his original habeas proceeding without determining facts that would require a finding that his state trial was unconstitutional. Thus, this claim is not effectively a second or successive petition challenging the validity of his state trial — to the contrary, Alley's allegations of fraud relateonlyto the validity of the federal habeas proceeding.See Abdur'Rahman,392 F.3d at 181. Accordingly, under our precedent inAbdur'Rahman,Alley's motion is properly viewed as a Rule 60(b) motion unaffected by AEDPA, and the district court has jurisdiction to consider it.
Perhaps Alley's allegations of fraud are true, and perhaps they are not — obviously it will be up to the district court to consider the Rule 60(b) motion and determine if fraud actually occurred. I thus concur in this Court's decision to remand this matter to the district court.