DueProcess HabeasCorpus Securities
Whether the Eleventh Circuit erred in dismissing a second or successive habeas corpus petition under AEDPA's gatekeeping provision and cause and prejudice standard
1. Whether the United States Court pf Appeals for the Eleventh Circuit erred in its decision to dismiss the Petitioner ’s ‘application for leave to file a second or successive habeas corpus petition, ’ based on AEDPA ’s gatekeeping provision 28 U.S.C. §§2244(b)(2). When this Court held that “second or successive language is a term of art that incorporates pre-AEDPA abuse of the writ principles. ” 2. Whether the United States Court of Appeals for Eleventh Circuit violated the Petitioner ’s constitutional rights when it erroneously dismissed his ‘cause and prejudice ’ claims to overcome the procedural default as required by the procedural default and abuse of the writ doctrines.