Legal Opinion
In Re: Smith
Court of Appeals for the Fifth Circuit
Decided May 29, 1998No. 97-00552PublishedCited by 30 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
Concerning the request by Gregory Smith, Louisiana prisoner # 92399, for leave, pursuant to the Antiterrorism and Effective Death Penalty Act (AEDPA), Pub.L. 104-132, 110 Stat. 1214 (1996), to file a successive 28 U.S.C. § 2254 habeas application in the district court, the principal issue at hand is whether, as required by AEDPA, 28 U.S.C. § 2244(b)(2)(A), Smith-presents a new claim that “relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable”. Because Smith does…
2Cases cited16 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Teague v. LaneSupreme Court of the United States · 1989
- Lindh v. MurphySupreme Court of the United States · 1997
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- Victor v. NebraskaSupreme Court of the United States · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Tyler v. CainSupreme Court of the United States · 2001
- United States v. LopezCourt of Appeals for the Fifth Circuit · 2001
- In Re Michael A. CLEMMONS, MovantCourt of Appeals for the Sixth Circuit · 2001
- Donald Morris v. Burl Cain, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1999
- Nathaniel West v. Donald Vaughn, Superintendent of Sci Graterford the District Attorney of County of Phila. The Attorney General of the State of PaCourt of Appeals for the Third Circuit · 2000
25 more not listed; retrieve them via the Exa API.