· 8/1/2017
Jones, J. v. Sunoco, of Hunt Oil Co.
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 subsequent habeas petition is not ‘second or successive’ under AEDPA when a petitioner files such a petition prior to her exhaustion of appellate remedies with respect to the denial of her initial habeas petition”
- holding “that AEDPA ensures” a habeas petitioner “one full opportunity to seek collateral review” (quoting Blystone v. Horn, 664 F.3d 397, 413 (3d Cir. 2011) (internal quotation marks and citation omitted))
- construing a petition filed with this Court during an appeal as a motion to amend
- “Thus, the resolution of the merits of the ‘motion to amend’ should remain stayed pending the resolution of the appeal with respect to the initial habeas petition.”
- “[A] Rule 60(b) motion that raises a claim attacking the underlying criminal judgment must be a second or successive petition . . .” (quoting Blystone v. Horn, 664 F.3d 397, 413 (3d Cir. 2011))
- same in § 2255 context
Source: CourtListener parenthetical corpus (CC0).
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.