Whether § 2244(b)(2) applies to habeas filings after appellate review, to all second-in-time habeas filings, or to some second-in-time filings based on specific criteria

Capital Case The question presented is: Whether § 2244(b)(2) applies (i) to habeas filings made after a prisoner has exhausted appellate review of his first petition, (ii) to all second -in-time habeas filings after final judgement, or (iii) to some second -in-time filings, depending on a prisoner’s succes s on appeal or ability to satisfy a seven -factor test .