Does the new restrictions on second habeas petitions constitute a modified res judicata rule?

MultiRegion, United States of America

The following excerpt is from Camarano v. Irvin, 98 F.3d 44 (2nd Cir. 1996):

The new restrictions on successive petitions constitute a modified res judicata rule, a restraint on what is called in habeas corpus practice "abuse of the writ." In McCleskey v. Zant, we said that "the doctrine of abuse of the writ refers to a complex and evolving body of equitable principles informed and controlled by historical usage, statutory developments, and judicial decisions." The added restrictions which the Act places on second habeas petitions are well within the compass of this evolutionary process, and we hold that they do not amount to a "suspension" of the writ contrary to Article I, 9.

Id. at ----, 116 S.Ct. at 2340 (citations omitted).

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