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· 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 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.