Section 15.47 Rule 9 Issue Response Form

• Library: App Ct Prac 2013 Supp - Forms

Model Form for Use in 28 U.S.C. § 2254 Cases Involving a
Rule 9 Issue

Form No. 9

United States District Court,

_____________ District of _____________

Case No. _____________

______________________________ , Petitioner

v.

______________________________ , Respondent

and

______________________________ , Additional Respondent

Petitioner’s Response as to

Why His Petition Should Not Be Barred Under Rule 9

Explanation and Instructions

(I) Rule 9. Delayed or successive petitions.

(a) Delayed petitions. A petition may be dismissed if it appears that the state of which the respondent is an officer has been prejudiced in its ability to respond to the petition by delay in its filing unless the petitioner shows that it is based on grounds of which he could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the state occurred.

(b) Successive Petitions. A second or successive petition may be dismissed if the judge finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and...