HabeasCorpus Securities
Whether application of 28 U.S.C. 2244(b)(1) and (2) violates U.S. Const. Art. I, Sec. 9, cl. 2
QUESTIONS PRESENTED (1) Whether application of 28 U.S.C. 2244(b)(1) and (2) in this case violates U.S. Const. Art. I, Sec. 9, cl. 2, where thé adjudication of a federal claim for relief in a first habeas petition by a state prisoner is contrary to a subsequent holding by this Court; the error remains uncorrected; and there is no other remedy available? (2) Whether transfer to the district court for hearing and determination is warranted in the exceptional circumstances where a subsequent holding by this Court affects the previous adjudication of a federal claim by a staté court, and subsequently by a federal district court in a first habeas petition pursuant to 28 U.S.C. 2254; the erronéous adjudication remains ufcorrected; the petitioner is serving a life sentence without parole or probation as opposed to twenty-five years absent the error; and there is no other remedy available? ii .