abuse-of-writ
9 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5864 | Rodney E. Barnett v. Arkansas | Arkansas | 2025-10-14 | Denied | Response WaivedIFP | abuse-of-writ brady-violation confrontation-rights due-process ends-of-justice witness-perjury | 1. Does the "ends of justice " doctrine warrant abuse of writ defense by state be excused in this Sept. 4,2025 Arkansas Supreme Court Order? 2. Did … |
| 24-6541 | Bartholomew Granger v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-02-11 | Denied | IFP | abuse-of-writ criminal-procedure federal-constitutional-law habeas-corpus post-conviction-relief state-law-ground | Whether the Texas Court of Criminal Appeals' unexplained abuse-of-writ ruling constitutes an adequate and independent state-law ground for denying pos… |
| 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 (… |
| 23-1044 | Juan Balderas v. Texas | Texas | 2024-03-21 | Denied | abuse-of-writ brady-violation competency-to-stand-trial constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance judicial-review | Whether the Texas Court of Criminal Appeals' summary dismissal of Juan Balderas's subsequent habeas petition violated due process | |
| 23A709 | David Eugene Matthews v. Laura Plappert, Interim Warden | Sixth Circuit | 2024-02-01 | Presumed Complete | abuse-of-writ aedpa banister-doctrine habeas-corpus sixth-circuit successive-petition | Whether the Sixth Circuit's standard for determining whether a second-in-time habeas petition is initial or successive conflicts with the Supreme Cour… | |
| 21-5025 | James Galen Hanna v. Tim Shoop, Warden | Sixth Circuit | 2021-07-07 | Denied | IFP | 28-usc-2244 abuse-of-writ banister-v-davis due-process federal-statute habeas-corpus judicial-review procedural-law second-or-successive second-or-successive-petition | When a petition for writ of habeas corpus presents claims that do not constitute an 'abuse of the writ,' is it a 'second or successive' petition under… |
| 20-1710 | Zafar Bakhramovich Yadigarov v. United States | Eleventh Circuit | 2021-06-11 | Denied | Response Waived | abuse-of-writ appellate-procedure coram-nobis delay due-process judicial-discretion legal-diligence legal-standards procedural-standard sound-reasons writ-of-error | What constitutes a legally sufficient standard of diligence for pursuing coram-nobis-relief |
| 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 |
| 18-9690 | Curt M. Lockett v. Florida | Florida | 2019-06-17 | Denied | Response WaivedIFP | abuse-of-writ actual-innocence carrier-standard constitutional-claims due-process evidentiary-hearing federal-review habeas-corpus innocence-claim post-conviction-review procedural-error successive-petitions | Should 4 habeas petitioners' claims of actual innocence, supported by the facts of the record, be subject to doctrines of abuse or successive use of t… |