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· 7/20/2015

George Gage v. Kevin Chappell

Citations

  • 793 F.3d 1159
  • 2015 U.S. App. LEXIS 12482
  • 2015 WL 4394008

How courts have described this case

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

  • noting that claims for which the factual predicate existed at the time of the first habeas petition qualify as second or successive
  • noting that the petitioner’s “argument for exempting his Brady claim from the § 2244(b)(2) requirements has some merit,” though the Court was bound to follow circuit precedent in concluding otherwise
  • noting that claims for 2 It is unclear if Petitioner is attempting to allege that a court clerk erred in one of his prior cases. (See Dkt. No. 1 at 3.
  • explaining that a Brady claim is subject to 5 the AEDPA’s bar against successive habeas petitions when the factual predicate of the 6 Brady claim existed at the time of the first federal habeas petition
  • claims for which the 2 factual predicate existed at the time of the first habeas petition qualify as second or successive
  • claims for which the factual predicate existed at the time of the first habeas petition qualify as second or successive

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Tashima, Clifton

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.