Legal Opinion
Gennaro Galtieri v. United States
Court of Appeals for the Second Circuit
Decided October 20, 1997No. Docket 97-3593PublishedCited by 51 opinions
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge:
This motion by Gennaro Galtieri for leave to file a second habeas corpus petition raises what seems at first glance to be an easy question: when is a petition “second or successive” within the meaning of sections 105 and 106(b) of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214, 1220-21(1996). Unfortunately, as with many legal questions, the answer is: “It depends.” In this case, we conclude that, after a first habeas petition has resulted in an amended sentence, a second habeas petition challenging only the…
2Cases cited7 opinions
- In Re Jonathan Sims, Janice v. TerbushCourt of Appeals for the Sixth Circuit · 1997
- In Re Avery W. Vial, MovantCourt of Appeals for the Fourth Circuit · 1997
- Ben Gary Triestman v. United StatesCourt of Appeals for the Second Circuit · 1997
- Miguel Dejesus Liriano v. United StatesCourt of Appeals for the Second Circuit · 1996
- Robert Camarano v. Frank Irvin, Superintendent, Wende Correctional FacilityCourt of Appeals for the Second Circuit · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- United States v. Ernesto Quintieri, Carlo DonatoCourt of Appeals for the Second Circuit · 2002
- United States v. BarrettCourt of Appeals for the First Circuit · 1999
- Pratt v. United StatesCourt of Appeals for the First Circuit · 1997
- Ronnie James v. James Walsh, Superintendent of Ulster Correctional FacilityCourt of Appeals for the Second Circuit · 2002
- John C. Wims v. United StatesCourt of Appeals for the Second Circuit · 2000
46 more not listed; retrieve them via the Exa API.