What are the consequences of a claim being presented for the first time in a subsequent collateral review of a criminal conviction?

California, United States of America


The following excerpt is from Clark, In re, 21 Cal.Rptr.2d 509, 5 Cal.4th 750, 855 P.2d 729 (Cal. 1993):

"Far more severe are the disruptions when a claim is presented for the first time in a second or subsequent ... habeas petition. If '[c]ollateral review of a conviction extends the ordeal of trial for both society and the accused,' Engle v. Isaac [ (1982) 456 U.S. 107] at 126-127 [102 S.Ct. 1558 at 1571, 71 L.Ed.2d 783], the ordeal worsens during subsequent collateral proceedings. Perpetual disrespect for the finality of convictions disparages the entire criminal justice system." (499 U.S. at pp. ---- - ----, 111 S.Ct. at p. 1469, 113 L.Ed.2d at pp. 542-543.)

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