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· 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 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.