· 5/14/2013
In re: Weathersby
Citations
- 717 F.3d 1108
- 2013 WL 1960578
- 2013 U.S. App. LEXIS 9674
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a claim is not second or successive if the basis for the claim did not exist when prior proceedings under § 2255 were ongoing
- holding that a claim is not second or successive if the basis for the claim did not exist when prior proceedings under 28 U.S.C. § 2255 were ongoing
- explaining that movant’s second § 2255 motion wasn’t “second or successive” for purposes of § 2255(h
- explaining that movant’s second § 2255 motion wasn’t “second or successive” for purposes of § 2255(h
- claim based on alleged expungement of a prior offense did not qualify as a second or successive petition because the basis for the claim did not exist when the first petition was filed
- “Congress placed strict limitations on second or successive motions under § 2255[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hartz, Tymkovich, O'Brien
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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