Legal Opinion
DeLawrence King v. Donald Morgan
Court of Appeals for the Sixth Circuit
Decided December 1, 2015No. 13-4189PublishedCited by 119 opinions
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
The Anti-Terrorism and Effective Death Penalty Act does not take kindly to repeat requests for habeas relief. It mandates that, if an inmate has already lost one such request, he may not file a “second or successive” petition without satisfying several stringent requirements. What happens, however, if the inmate wins a state-court collateral challenge, obtaining some relief (e.g., a new trial or a new sentence) but not a release from custody? Does the “second or successive” rule apply to federal habeas challenges to the new state-court judgment? In one setting,…
2Cases cited16 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Apprendi v. New JerseySupreme Court of the United States · 2000
- McCleskey v. ZantSupreme Court of the United States · 1991
- Felker v. TurpinSupreme Court of the United States · 1996
- Magwood v. PattersonSupreme Court of the United States · 2010
11 more not listed; retrieve them via the Exa API.
3Cited by119 opinions
- Michael Stansell v.Court of Appeals for the Sixth Circuit · 2016
- Crangle v. KellyCourt of Appeals for the Fifth Circuit · 2016
- Corey Woodfolk v. Gary MaynardCourt of Appeals for the Fourth Circuit · 2017
- In re WogenstahlCourt of Appeals for the Sixth Circuit · 2018
- Steven Romansky v. Superintendent Greene SCICourt of Appeals for the Third Circuit · 2019
114 more not listed; retrieve them via the Exa API.