HabeasCorpus Punishment Securities
Does a circuit court exceed its jurisdiction by requiring a petitioner to satisfy the burden of actually establishing that his application to file a successive habeas petition satisfies the requirements of Section 2244(b) at the motion for authorization stage, rather than merely make the 'prima facie showing' set forth in the text of the statute?
QUESTION PRESENTED I. 28 U.S.C. § 2244(b)(8) tasks federal courts of appeals with determining whether an applicant has made a “prima facie showing” that his application satisfies the requirements of Section 2244(b) before the court may authorize the applicant to file a second or successive habeas petition. The question presented is: Does a circuit court exceed its jurisdiction by requiring a petitioner to satisfy the burden of actually establishing that his application to file a successive habeas petition satisfies the requirements of Section 2244(b) at the motion for authorization stage, rather than merely make the “prima facie showing” set forth in the text of the statute? (i)