Legal Opinion

Gautier v. Wall

Court of Appeals for the First Circuit

Decided September 16, 2010No. 09-2411PublishedCited by 9 opinions

1Per curiam

Jacques Gautier could have filed one habeas petition raising all of his claims after “exhausting] the remedies available in the courts of the State.” 28 U.S.C. § 2254(b)(1)(A). Instead, he “twice brought claims contesting the same custody imposed by the same judgment of a state court.” Burton v. Stewart, 549 U.S. 147, 154, 127 S.Ct. 793, 166 L.Ed.2d 628 (2007) (per curiam). His second such petition was “second or successive” under 28 U.S.C. § 2244(b). It should not have been filed without our authorization. For the reasons explained below, we direct the district court to dismiss the petition…

2Cases cited10 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Burton v. StewartSupreme Court of the United States · 2007
  3. Felker v. TurpinSupreme Court of the United States · 1996
  4. Panetti v. QuartermanSupreme Court of the United States · 2007
  5. United States v. BarrettCourt of Appeals for the First Circuit · 1999

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3Cited by9 opinions

  1. Cintron-Caraballo v. United StatesDistrict Court, D. Puerto Rico · 2012
  2. Curry v. TurcoDistrict Court, D. Massachusetts · 2018
  3. Deciantis v. Coyne-FagueDistrict Court, D. Rhode Island · 2020
  4. Fuentes v. Coyne-FagueDistrict Court, D. Rhode Island · 2020
  5. Gautier v. WallSupreme Court of the United States · 2011

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