Richard Dale Talbott, Applicant v. State of Indiana

EASTERBROOK, Circuit Judge.

Richard Talbott is among the throngs of state and federal prisoners who believe that Apprendi v. New Jersey, U.S. -, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), undermines their sentences. Prisoners who already have filed and lost a collateral attack need this court’s approval to launch another. Not one of the Ap- prendi-based applications for permission to file has been granted, however, and none is going to be granted in the near future, for a fundamental reason: a new decision of the Supreme Court justifies a second or successive collateral attack only if it…