IN RE: BYRON LEWIS BLACK - Articles

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IN RE: BYRON LEWIS BLACK

Posted by: Azya Thornton on Aug 1, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON MOTION FOR AUTHORIZATION TO FILE A SECOND OR SUCCESSIVE HABEAS CORPUS PETITION: Byron Lewis Black, Nashville, Tennessee, pro se.

Attorneys 2: ON CORRECTED MOTION FOR AUTHORIZATION TO FILE A SECOND OR SUCCESSIVE HABEAS CORPUS PETITION, ON MOTION TO REMAND, ON MOTION FOR STAY OF EXECUTION, and REPLY: Kelley J. Henry, Amy D. Harwell, Marshall A. Jensen, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Movant.

Attorneys 3: ON RESPONSE: John H. Bledsoe, Sarah J. Stone, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Respondent.

Judge(s): BOGGS, GRIFFIN, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

The district court transferred to this court the numerically second 28 U.S.C. § 2254 habeas corpus petition filed by Byron Lewis Black, a prisoner on Tennessee’s death row, for treatment as a motion for authorization to file a “second or successive” § 2254 petition under 28 U.S.C. § 2244(b). See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997) (per curiam). Black has filed a motion to remand, arguing that his petition was improperly transferred. For these reasons, we DENY Black’s motion to remand, we DENY authorization to file a second or successive § 2254 petition, and we DENY Black’s motion for a stay of execution.

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