What is the required showing for a claim to "relay on a qualifying new rule of constitutional law"?
MultiRegion, United States of America
The following excerpt is from Henry v. Spearman, 899 F.3d 703 (9th Cir. 2018):
1 In United States v. Geozos , 870 F.3d 890 (9th Cir. 2017), we discussed the required showing for a claim to "rel[y]" on a qualifying new rule of constitutional law for the purposes of analyzing the merits of a second or successive 28 U.S.C. 2255 habeas corpus petition, not for the purposes of an application to file a second or successive habeas corpus petition under 28 U.S.C. 2244(b), where only a "prima facie" showing is required.
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