Randy GREENAWALT, Petitioner-Appellant, v. Terry L. STEWART, Et Al., Respondents-Appellees

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 certificate of probable cause—a precursor to the COA—is necessary to obtain appellate review of an order denying a Rule 4(a)(6) motion in a habeas proceeding
• noting that “a district court has discretion to stay a petition which it may validly consider on the merits,” and that the equities favoring a stay are greater for first petitions
• rejecting an argument that the district court abused its discretion when it dismissed, rather than stayed, a mixed petition and holding that the district court was obligated under Rose to dismiss the mixed petition
• rejecting an argument that the district court abused its discretion when it dismissed, rather than stayed, a mixed petition and holding that the district court was obligated under Rose to dismiss the mixed petition
• finding the Neuschafer procedure to be dictum and inconsis- tent with Rose
• section 2244 forecloses all successive-petition review of constitutional claims unrelated to guilt or innocence

Source: CourtListener parenthetical corpus (CC0).