Scott David Creech v. Tim Shoop, Warden
HabeasCorpus
CAN A LEGITIMATE 60(B)(6) MOTION BE CONSIDERED A 60(B)(3)
CLAIM, IF THAT CLAIM DOES NOT ASSERT RELIEF FROM JUDGMENT
IN THE EVENT OF "FRAUD . . . MISREPRESENTATION, OR
MISCONDUCT BY AN OPPOSING PARTY? AS SUCH, CAN IT BE BARRED
BY THE ONE (1) YEAR STATUTE OF LIMITATIONS?
DOES THE CASE OF STONE V. POWELL. 428 U.S. 465. 494, 96 S. CT. 3037,
49 L. ED. 2D 1067 (I976L OVERRIDE THE CASE OF FRANKS V.
DELAWARE. 438 U.S. 154. 98 S. CT. 2674, 57 L. ED. 2D 667 (1978) IN A
HABEAS CORPUS PETITION? AND WAS PETITIONER PROVIDED A
FULL AND FAIR LITIGATION OF HIS FOURTH AMENDMENT CLAIM IN
STATE COURT?
Can a 60(b)(6) motion be considered a 60(b)(3) claim if it does not assert relief from judgment due to fraud, misrepresentation, or misconduct by an opposing party?