What is a second or successive habeas petition?
MultiRegion, United States of America
The following excerpt is from Tapia v. Hatton, Case No.: 16cv2624-MMA(BLM) (S.D. Cal. 2017):
A second or successive habeas petition is one that attacks a conviction that was previously attacked in a federal habeas petition and judged on the merits. Johnson v. Marshall, 2010 WL 753363, *2 (S.D. Cal. March 2, 2010). In order to file a successive petition, a petitioner first must obtain authorization from the court of appeals. Id. (citing 28 U.S.C. 2244(b)(3)). In accordance with AEDPA,
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Other Questions
Is a second or successive habeas petition filed in a federal district or federal court a "second or successive" application? (MultiRegion, United States of America)
Does a dismissal of a second habeas petition require the petitioner to file a second petition? (MultiRegion, United States of America)
Does a second or successive federal habeas corpus petition require prior authorization? (MultiRegion, United States of America)
When will a district court's determination that the Current Petition is barred by section 2244(b)(1) of the US Constitution be considered to be a successive or successive habeas corpus application? (MultiRegion, United States of America)
What is the test for screening a second or successive federal habeas corpus petition? (MultiRegion, United States of America)
Can a second or successive habeas petition be dismissed? (MultiRegion, United States of America)
How do we review a district court's dismissal of a habeas petition as second or successive de novo? (MultiRegion, United States of America)
What is the legal test for a second petition for habeas corpus relief? (MultiRegion, United States of America)
Is the denial of a petition for habeas corpus on the grounds that it is successive or abusive? (MultiRegion, United States of America)
What is the standard for a second or successive habeas corpus application? (MultiRegion, United States of America)
