The Fifth Circuit today affirmed the District Court's denial of relief to Mississippi murderer Bobby Glen Wilcher. Wilcher was previously a "volunteer" who knowingly and voluntarily dismissed his habeas petition. The Supreme Court granted a stay last July while it considered a certiorari petition, noted here, but that stay automatically terminated when the Court denied certiorari on the First Monday, noted here. The execution is scheduled for tomorrow.

FRCP Rule 60(b) allows the losing party in a civil case to seek relief from judgment under certain circumstances. "I changed my mind" is not one of them. Application of the rule to habeas cases was the subject of Gonzales v. Crosby, 545 U.S. 524 (2005).

Hat tip: Sonny White