· 7/21/1998
Willie Carter v. United States
Citations
- 150 F.3d 202
- 1998 U.S. App. LEXIS 16474
- 1998 WL 406046
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition “second or successive” for purposes of the AEDPA
- holding that \a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition . . . 'second or successive' for purposes of the AEDPA.\
- concluding that “a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition or § 2255 motion ‘second or successive’ for purposes of the AEDPA,” and joining other circuit courts reaching the same conclusion
- clarifying that “the denial of an initial § 2255 motion on grounds of procedural default (i.e., for failure to raise a claim on direct appeal, which failure is not excused by a showing of cause and prejudice
- joining other circuit courts of appeals in holding that “a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition or § 2255 motion ‘second or successive’ for purposes of the AEDPA”
- joining other circuit courts of appeals in holding that “a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition or § 2255 motion ‘second or successive’ for purposes of the AEDPA”
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Meskill, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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