No. 25-5486

Bruce Anderson v. Kenneth Lizotte, Superintendent, Massachusetts Correctional Institution at Norfolk

Lower Court: First Circuit
Docketed: 2025-08-27
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: aedpa constitutional-claim federal-review habeas-corpus ineffective-assistance second-petition
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2026-01-09 (distributed 2 times)
Question Presented (AI Summary)

Whether a federal habeas petition claiming ineffective assistance of counsel constitutes a 'second or successive petition' under AEDPA's gatekeeping provisions

Question Presented (OCR Extract)

Whether Petitioner Bruce Anderson’s new federal habeas petition, in which he claims to have received ineffective assistance from the court-appointed defense attorney who represented him at his first-degree murder trial in state court, on direct appeal, and in his prior federal habeas petition, is a “second or successive petition,” such that it must satisfy the gatekeeping provisions of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(b), for Mr. Anderson to obtain meaningful federal review of his constitutional claim?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-04
Reply of Bruce Anderson submitted.
2025-12-04
Reply of petitioner Bruce Anderson filed.
2025-11-21
Brief of Kenneth Lizotte in opposition submitted.
2025-11-21
Brief of respondent Kenneth Lizotte in opposition filed.
2025-09-26
Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2025.
2025-09-25
Motion of Kenneth Lizotte for an extension of time submitted.
2025-09-25
Motion to extend the time to file a response from October 8, 2025 to November 21, 2025, submitted to The Clerk.
2025-09-08
Response Requested. (Due October 8, 2025)
2025-09-04
DISTRIBUTED for Conference of 9/29/2025.
2025-08-29
Waiver of right of respondent Kenneth Lizotte to respond filed.
2025-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2025)

Attorneys

Bruce Anderson
Daniel Nathan MarxFick & Marx LLP, Petitioner
Daniel Nathan MarxFick & Marx LLP, Petitioner
Kenneth Lizotte
Jennifer Kay ZalnaskyOffice of the Attorney General of Massachusetts, Respondent
Jennifer Kay ZalnaskyOffice of the Attorney General of Massachusetts, Respondent
Andre Adem JaniszewskiOffice of the Attorney General, Respondent
Andre Adem JaniszewskiOffice of the Attorney General, Respondent