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· 2/15/1893

Butterworth v. Boutilier

Citations

  • 74 N.Y. Sup. Ct. 650

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an order compelling a state prison to transport a prisoner was immediately appealable and reversing the order
  • holding that a district court's transportation order permitting a prisoner to obtain neurological testing in search of new evidence to support his habeas petition was not authorized under the All Writs Act or § 2254(e)(2
  • noting that “[a] prisoner is ‘at fault’ if he ‘bears responsibility for 2 the failure’ to develop the record.”
  • confirming that a federal habeas court “must consider” each AEDPA 24 requirement before permitting evidentiary development
  • noting that, under the AEDPA, “[r]eview of factual determinations under § 2254(d)(2) is expressly limited to ‘the evidence presented in the State court proceeding.’”
  • explaining that federal habeas review is “limited to the record that was before the state court” (quoting Cullen v. Pinholster, 563 U.S. 170, 181 (2011))

Source: CourtListener parenthetical corpus (CC0).

Judges: Hardin, Merwin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.