What is the government's burden of pleading that a petitioner abused the writ of habeas?
MultiRegion, United States of America
The following excerpt is from Player v. Bunnell, 992 F.2d 1220 (9th Cir. 1993):
The government bears the burden of pleading petitioner's abuse of the writ. McCleskey v. Zant, --- U.S. ----, 111 S.Ct. 1454, 1457, (9th Cir.1991). The government has done this by showing that petitioner did not raise in his previous habeas petition, claims which he now raises. Once the government meets its burden, the burden shifts to the petitioner to show cause for failure to raise an issue, and actual prejudice resulting from erros complained of. Id. at 1456.
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