Bruce Anderson v. Kenneth Lizotte, Superintendent, Massachusetts Correctional Institution at Norfolk
HabeasCorpus Punishment JusticiabilityDoctri
Whether a federal habeas petition claiming ineffective assistance of counsel constitutes a 'second or successive petition' under AEDPA's gatekeeping provisions
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?