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· 5/26/1999

James Eddie Garrett v. United States

Citations

  • 178 F.3d 940
  • 1999 U.S. App. LEXIS 10797
  • 1999 WL 335672

How courts have described this case

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

  • holding that in order for a § 2255 motion to be second or successive, it “must have been denied on the merits”
  • distinguishing the situation in Garrett from that in Felder by noting that there was no indication that Garrett was attempting to “obtain a tactical advantage in the face of impending defeat”
  • “[I]n order for a habeas petition to be considered successive, the previous motion must have been denied on the merits.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Ripple, Manion

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.