In re Deville
In brief
The Supreme Court refused to hear Deville’s challenge, leaving the Fifth Circuit’s refusal in place without deciding the legal question.
- Where it stands
- Decided
Decided · June 1, 2020
- What it’s about
- The Supreme Court denied Deville’s petition, leaving in place the Fifth Circuit’s refusal to let him file a successive federal habeas petition under 28 U.S.C. § 2254.
- Who it affects
- The Fifth Circuit’s refusal remains in place for Deville, but the Supreme Court did not decide whether his claim met the requirements for another § 2254 petition.
Summary: written with AI from the case record.
What it's about
The case concerned whether Deville had made the required initial showing that his claim relied on a new, retroactively applicable constitutional rule that had not previously been available.
The dispute centered on whether Deville made the required initial showing that his claim relied on a new constitutional rule the Supreme Court had made retroactive to already-final cases and that had not previously been available.
Question presented
1. Whether the United States Court of Appeals for the Fifth Circuit erred in denying Petitioner's motion for authorization to file a successive 28 U.S.C. § 2254 petition? 2. Whether the Petitioner has made a prima facie showing that his claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable?
What the Court decided
Holding
Petition DENIED.
What's next
The Supreme Court has finished this proceeding. The Fifth Circuit’s refusal remains in place for Deville, and this petition produced no ruling on whether he could file another § 2254 petition.
Documents
Docket activity
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.