abuse-of-the-writ

5 cases — ← All topics

Case	Title	Lower Court	Docketed	Status	Flags	Tags	Question Presented
23-7206	David Eugene Matthews v. Laura Plappert, Warden	Sixth Circuit	2024-04-11	Denied	IFP	abuse-of-the-writ abuse-of-writ aedpa equitable-powers habeas habeas-corpus initial-petition sixth-circuit successive-petition unexhausted-claim unripe-claim	Does limiting second-in-time initial habeas petitions to only petitions that raise (a) a claim that was unripe when the first petition was filed, or (…
23-6501	Kevin Keith v. Harold May, Warden	Sixth Circuit	2024-01-17	Denied	Response WaivedIFP	abuse-of-the-writ aedpa brady-claim brady-rule federal-habeas habeas-corpus newly-discovered-evidence second-or-successive second-successive-petition statutory-interpretation	Whether Brady claims are 'second or successive' under 28 U.S.C. § 2244(b)(2) when the suppressed evidence comes to light only after the dismissal of a…
22-6728	John Lezell Balentine v. Texas	Texas	2023-02-08	Denied	IFP	given its interweaving with federal law -abuse-of-writ -federal-law -habeas-corpus -post-conviction-relief -state-law-ground #NAME? abuse-of-the-writ capital-case due-process federal-law juror-misconduct racial-prejudice	Whether the CCA's otherwise unexplained ruling that abuse of the writ under Article 11.071, § 5, precluded post-conviction relief is an adequate and i…
19-6156	Randy Ethan Halprin v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division	Fifth Circuit	2019-10-03	Denied	Relisted (6)IFP	abuse-of-the-writ aedpa anti-semitism capital-punishment constitutional-claim due-process federal-procedure habeas-corpus judicial-bias racial-discrimination recusal second-or-successive-petition	Whether Halprin's second federal petition raising a judicial bias claim is 'second or successive' under 28 U.S.C. § 2244(b)(2) if the judge concealed …
19-407	Alexander Christian Miles v. United States	Tenth Circuit	2019-09-26	Denied	Response Waived	abuse-of-the-writ abuse-of-writ aedpa contract-law criminal-charges criminal-procedure plea-bargaining post-conviction-relief	Whether the abuse of the writ doctrine or the AEDPA precludes a successive petition for post-conviction relief