James Galen Hanna v. Tim Shoop, Warden
DueProcess HabeasCorpus
When a petition for writ of habeas corpus presents claims that do not constitute an 'abuse of the writ,' is it a 'second or successive' petition under 28 U.S.C. § 2244?
QUESTIONS PRESENTED 1. When a petition for writ of habeas corpus presents claims that do not constitute an “abuse of the writ,” is it a “second or successive” petition under 28 U.S.C. § 2244? Compare Banister v. Davis, 590 U.S. __, ___ (2020) (slip op. at 7) 2. Is a petition for writ of habeas corpus “second or successive” when it presents claims that a petitioner had no fair opportunity to raise in an initial habeas petition? See Banister v. Davis, 590 U.S. at ___ (slip op. at 1); Magwood v. Patterson, 561 U.S. 320, 343 (2010) (Breyer, J., concurring); Jd. at 346 (Kennedy, J., dissenting); Halprin v. Davis, 589 U.S. __, ___ (2020) (slip op. at 3) (Statement of Sotomayor, J.) 3. Is petitioner’s petition for writ of habeas corpus “second or successive,” where it presents claims he had no fair opportunity to raise in his initial petition, where he has not abused the writ, and where it is not his fault that such claims were not raised in his prior application, given initial federal habeas counsel’s conflict of interest? i