Supreme Court of the United States

Storey v. Lumpkin

June 30, 2022

Summary

The Supreme Court denied the petition for a writ of certiorari. Justice Sotomayor’s statement criticized the Fifth Circuit’s definition of a “second or successive” habeas petition as inconsistent with Supreme Court precedent, particularly Panetti, and warned that the rule blocks petitioners from raising newly discovered evidence of prosecutorial misconduct. The denial leaves the Fifth Circuit’s decision standing.