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Mathis v. Thaler

Pursuant to the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. �2244(b)(3), the 5th Circuit allowed appellant to file a successive federal habeas application asserting a claim based upon the U.S. Supreme Court's 2002 decision Atkins v. Virginia , which barred the execution of mentally retarded persons. The 5th Circuit held that appellant's successive federal habeas petition did not meet the standard under 28 U.S.C. �2244(b)(2)(A) and therefore must be dismissed. Even if the petition met the standard, the court held that the petition was time-barred under AEDPA's statute of limitations, and the district court did not abuse its discretion when it denied equitable tolling. 5th U.S. Circuit Court of Appeals, No. 08-70021, 08-25-2010

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Published Opinion

Before SMITH, DeMOSS, and STEWART, Circuit Judges.

In April 2007, pursuant to 28 U.S.C. § 2244(b)(3), this court permitted petitioner-appellant Milton Wunzael Mathis to file a successive federal habeas application asserting a claim based upon Atkins v. Virginia, 536 U.S. 304 (2002), the Supreme Court case barring the execution of mentally retarded persons. The district court dismissed Mathis’s successive federal habeas application on the grounds that: (1) Mathis failed to meet the requirements of 28 U.S.C. § 2244(b)(2); and (2) his petition was untimely and not entitled to equitable tolling.

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