· 2/3/1999
In Re John Paul Minarik
Citations
- 166 F.3d 591
- 1999 U.S. App. LEXIS 1417
- 1999 WL 44825
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that if habeas petitioner could “show that he would have been entitled to pursue his second petition under pre-AEDPA law,” then retroactivity principles preclude “applying AEDPA’s new substantive gatekeeping provisions to bar his claims”
- discussing Landgraf's requirements in AEDPA context and concluding \Congress did not clearly express its intent\
- discussing Landgraf s requirements in AEDPA context and concluding “Congress did not clearly express its intent”
- concluding, after thorough analysis, that Lindh did not mandate application of amended section 2244's limitation on the filing of second or successive federal habeas petitions to a case in which its application would have a genuine retroactive effect
- interpreting Lindh as holding that the post-AEDPA S 2254 applies to petitions filed after April 24, 1996
- describing Landgraf as \the landmark case which establishes the analytical framework governing retroactivity issues\
Source: CourtListener parenthetical corpus (CC0).
Judges: Stapleton, Scirica, McKee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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