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Eric Randall Nance v. Larry Norris, Director, Arkansas Department of Correction
Citation: 429 F.3d 1194Docket: 05-4090
Court: Court of Appeals for the Eighth Circuit; November 28, 2005; Federal Appellate Court
The Eighth Circuit Court of Appeals addressed Eric Randall Nance's petition for a writ of habeas corpus and his motion for a stay of execution. The court reviewed a motion from Larry Norris, Director of the Arkansas Department of Correction, to vacate a stay of execution previously granted by the district court. The court granted Norris's motion, vacating the stay. Nance had filed a petition for a writ of habeas corpus on November 14, 2005, alongside a motion for a stay, which the district court treated as an amendment to an earlier petition in case number 5:00-CV-00339. The district court had granted this amendment and the stay based on its findings. In prior filings, including one on January 24, 2005, Nance sought similar relief, which the court construed as an attempt to file a successive habeas petition under 28 U.S.C. § 2244, leading to a denial of his motion to remand. The Eighth Circuit viewed Nance's current filings as further attempts to circumvent the statutory requirements of § 2244(b)(3)(A). Consequently, the court denied Nance's motion for interlocutory appeal, vacated the district court's stay of execution, and dismissed his habeas corpus petition. Judge Bye expressed a dissenting opinion, favoring a rehearing en banc. The matter was previously dismissed by the district court on January 23, 2003, and affirmed by the Eighth Circuit on December 10, 2004, with the mandate issued on October 12, 2005.