Legal Opinion

Leal Garcia v. Quarterman

Court of Appeals for the Fifth Circuit

Decided June 24, 2009No. 08-70003PublishedCited by 106 opinions

1Opinion of the Court

WIENER, Circuit Judge:

The opinion in this case filed on June 15, 2009, is withdrawn and the following opinion is substituted therefor.

Petitioner Humberto Leal Garcia (“Leal”) appeals from the district court’s finding that it was without jurisdiction to consider his second petition for habeas corpus relief because Leal failed to first seek authorization from this court pursuant to 28 U.S.C. § 2244. Leal contends that because his petition is not successive within the meaning of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), he was not required to obtain authorization and the…

2Cases cited33 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Lindh v. MurphySupreme Court of the United States · 1997
  4. Gonzalez v. CrosbySupreme Court of the United States · 2005
  5. Williams v. TaylorSupreme Court of the United States · 2000

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3Cited by106 opinions

  1. Blystone v. HornCourt of Appeals for the Third Circuit · 2011
  2. Kirk Rishor v. Bob FergusonCourt of Appeals for the Ninth Circuit · 2016
  3. Williams v. ThalerCourt of Appeals for the Fifth Circuit · 2010
  4. United States v. Kendrick FultonCourt of Appeals for the Fifth Circuit · 2015
  5. Stewart v. United StatesCourt of Appeals for the Eleventh Circuit · 2011

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