· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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