Tharpe v. Ford

(1) Whether Pena-Rodriguez v. Colorado applies retroactively to cases on collateral review; and (2) whether the U.S. Court of Appeals for the 11th Circuit erred in concluding that no reasonable jurist could debate whether petitioner"s colorable claim " that his death sentence is invalid because a juror voted to impose it based on petitioner"s race " together with the Supreme Court"s intervening decision in Pena-Rodriguez constitute extraordinary circumstances under Federal Rule of Civil Procedure 60(b) that would warrant reopening petitioner"s federal habeas proceeding to address the merits of that claim.