McNabb v. Yates

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 dismissal due 6 to a procedural default and failure to show cause and prejudice overcoming that default is 7 a disposition on the merits
• holding that a 14 dismissal of a § 2254 habeas petition on grounds of untimeliness “renders subsequent 15 petitions second or successive for purposes of AEDPA, 28 U.S.C. § 2244(b).”
• holding that “dismissal of a section 2254 habeas petition for failure to 24 comply with the statute of limitations renders subsequent petitions second or successive for 25 purposes of the AEDPA”
• holding that a “habeas petition is second or successive . . . if it raises claims that were or could have been adjudicated on the merits” in an earlier federal petition
• holding that “the dismissal of a habeas petition as untimely constitutes 2 a disposition on the merits and that a further petition challenging the same conviction would be 3 ‘second or successive’”
• holding that dismissal of a habeas 23 petition as untimely constitutes a disposition on the merits and renders a subsequent petition 1 challenging the same conviction or sentence “second or successive” for purposes of § 2244(b)

Source: CourtListener parenthetical corpus (CC0).