Can a habeas petition be dismissed for abuse of the writ if it asserts that the petitioner can have raised the same claim in the previous petition?
MultiRegion, United States of America
The following excerpt is from Roccisano v. Menifee, 293 F.3d 51 (2nd Cir. 2002):
Even prior to the enactment of AEDPA, however, it was well established that a habeas petition could be dismissed for abuse of the writ if it asserted a claim that the petitioner could have raised in a prior petition. The standards governing the filing of such successive petitions, as enunciated in McCleskey v. Zant, 499 U.S. 467, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991), generally required that
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