Is a reasonable-doubt-instruction claim allowed for a second application?

MultiRegion, United States of America

The following excerpt is from Nevius v. McDaniel, 218 F.3d 940 (9th Cir. 2000):

In a separate order, we held that, because 28 U.S.C. S 2244(b)(3) refers to our permitting the district court to consider a second or successive application, our grant of permission to file a second petition authorized the filing of the entire petition, not just the reasonable-doubt-instruction claim that met the requirement of S 2244(b)(2)(A). See Nevius v. McDaniel, 104 F.3d 1120 (1996) ("Nevius III"). The district court, however, had the duty under S 2244(b)(1) and (2) to examine each claim of the second petition and to dismiss the claims that did not meet the requirements of those subsections. See id. at 1121.2

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