GONZALEZ v. CROSBY

No. 04-6432.

545 U.S. 524 (2005)

GONZALEZ v. CROSBY, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS.

Supreme Court of United States.

Decided June 23, 2005.


Attorney(s) appearing for the Case

Paul M. Rashkind argued the cause for petitioner. With him on the briefs was Richard C. Klugh.

Christopher M. Kise, Solicitor General of Florida, argued the cause for respondent. With him on the brief were Charles J. Crist, Jr., Attorney General, Carolyn Snurkowski, Assistant Deputy Attorney General, and Cassandra Dolgin, Assistant Attorney General.

Patricia A. Millett argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Acting Solicitor General Clement, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.*


JUSTICE SCALIA delivered the opinion of the Court.

After the federal courts denied petitioner habeas corpus relief from his state conviction, he filed a motion for relief from that judgment, pursuant to Federal Rule of Civil Procedure 60(b). The question presented is whether, in a habeas case, such motions are subject to the additional restrictions that apply to "second or successive" habeas corpus petitions under the provisions...

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