Does a second or successive federal habeas corpus petition require prior authorization?
MultiRegion, United States of America
The following excerpt is from Lucero v. Cullen, No. 2:12-cv-0957-MCE-EFB P (E.D. Cal. 2014):
However, it is not clear that this is a "second or successive" 28 U.S.C. 2254 habeas corpus petition requiring prior authorization by this court, where petitioner has not had a prior opportunity to present a federal habeas petition under the correct version of California law following the issuance of People v. Chun, 45 Cal. 4th 1172 (2009) (holding that Cal. Penal Code 246 cannot be a predicate offense to support second-degree felony-murder conviction).
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