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· 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 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.