Legal Opinion
Miguel Vasquez v. Michael Parrott
Court of Appeals for the Second Circuit
Decided January 29, 2003No. Docket 02-3610PublishedCited by 51 opinions
1Opinion of the Court
LEVAL and CALABRESI, Circuit Judges.
Petitioner Miguel Vasquez (“Petitioner”), pro se and incarcerated, moves for leave to file a successive § 2254 habeas corpus petition in district court. At issue is whether this petition is properly construed as a “second or successive habeas corpus application under section 2254” within the meaning of 28 U.S.C. § 2244, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (“the AED-PA”). There is no question that Vasquez filed a previous petition, which he designated as brought under § 2254. The original petition, however, did not seek to…
2Cases cited16 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- McCleskey v. ZantSupreme Court of the United States · 1991
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
- Harris v. ChampionCourt of Appeals for the Tenth Circuit · 1994
- In Re: Shane McClaine Cain, MovantCourt of Appeals for the Fifth Circuit · 1998
11 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Hector Villanueva, Lan Ngoc Tran v. United StatesCourt of Appeals for the Second Circuit · 2003
- Stanko v. DavisCourt of Appeals for the Tenth Circuit · 2010
- In Re: Ilori Babajide OlabodeCourt of Appeals for the Third Circuit · 2003
- Usama Sadik Ahmed Abdel Whab v. United StatesCourt of Appeals for the Second Circuit · 2005
- Hardemon v. QuartermanCourt of Appeals for the Fifth Circuit · 2008
46 more not listed; retrieve them via the Exa API.