Legal Opinion
In Re John Paul Minarik
Court of Appeals for the Third Circuit
Decided February 3, 1999No. 97-8146PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
We have before us John Minarik’s second petition for relief under 28 U.S.C. § 2254. It was tendered to the District Court after the enactment of the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) and transferred to this Court pursuant to the provisions of that,act. Minarik’s first § 2254 petition was filed prior to AEDPA’s passage. We must decide whether the gatekeeping provisions made applicable to “second or successive petitions” by 28 U.S.C. § 2244 as amended by AEDPA should be applied in Minarik’s case. We conclude that such…
2Cases cited20 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
- Rose v. LundySupreme Court of the United States · 1982
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Lindh v. MurphySupreme Court of the United States · 1997
15 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- United States v. Quentin Miller, A/K/A "Q" Quentin MillerCourt of Appeals for the Third Circuit · 1999
- Robert Benchoff v. Raymond ColleranCourt of Appeals for the Third Circuit · 2005
- Goldblum v. KlemCourt of Appeals for the Third Circuit · 2007
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Everett Lee Mueller v. Ronald J. Angelone, Director, Virginia Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1999
42 more not listed; retrieve them via the Exa API.