Section 15.43 Successive or Delayed Petitions
| Library | App Ct Prac 2015 Supp |
6. (§15.43) Successive or Delayed Petitions
Under the AEDPA, a claim presented in a second or successive petition that was also raised in a prior habeas petition must be dismissed by the district court. 28 U.S.C. § 2244(b)(1). A claim presented in a second or successive petition that was not presented before will still be dismissed unless:
(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was...
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