Legal Opinion
McCleskey v. Zant
Supreme Court of the United States
Decided April 16, 1991No. 89-7024PublishedCited by 3,046 opinions
1Opinion of the CourtJustice Kennedy
The doctrine of abuse of the writ defines the circumstances in which federal courts decline to entertain a claim presented for the first time in a second or subsequent petition for a writ of habeas corpus. Petitioner Warren McCleskey in a second federal habeas petition presented a claim under Massiah v. United States, 377 U. S. 201 (1964), that he failed to include in his first federal petition. The Court of Appeals for the Eleventh Circuit held that assertion of the Massiah claim in this manner abused the writ. Though our analysis differs from that of the Court of Appeals, we agree that the…
2Cases cited51 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Murray v. CarrierSupreme Court of the United States · 1986
- Giglio v. United StatesSupreme Court of the United States · 1972
- Wainwright v. SykesSupreme Court of the United States · 1977
46 more not listed; retrieve them via the Exa API.
3Cited by3,046 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Schlup v. DeloSupreme Court of the United States · 1995
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Rose v. LeeCourt of Appeals for the Fourth Circuit · 2001
3,041 more not listed; retrieve them via the Exa API.