Does the ends of justice exception bar a petitioner from making a second claim of constitutional error in a separate federal petition?
MultiRegion, United States of America
The following excerpt is from Litmon v. Ylst, 45 F.3d 436 (9th Cir. 1994):
A successive claim, previously raised and adjudicated on its merits in a prior petition, is barred unless the ends of justice require its reconsideration. Sanders v. United States, 373 U.S. 1, 15 (1963). The ends of justice exception permits a federal court to consider the merits of a successive claim if the petitioner supplements his claim of constitutional error with a colorable claim of actual innocence. Clark v. Lewis, 1 F.3d 814, 821 (9th Cir.1993).
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