Legal Opinion

Quezada v. Smith

Court of Appeals for the Second Circuit

Decided October 21, 2010No. Docket 10-2738-opPublishedCited by 41 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge:

The pending motion for leave of this Court to file in a district court a second petition for a writ of habeas corpus presents an initial issue of whether the petition really is a “second” petition within the meaning of 28 U.S.C. § 2244(b). In this instance, that issue turns on the extent, if any, to which this Court should reexamine the correctness of a district court’s dismissal of a previous habeas corpus petition as time-barred. The motion also presents the issue of whether the motion satisfies the standards for filing a second habeas corpus petition. These…

2Cases cited16 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Magwood v. PattersonSupreme Court of the United States · 2010
  4. Anthony Ross v. Christopher Artuz, Superintendent, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1998
  5. Walter Sanders v. James E. Sullivan and Robert Abrams, the Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1988

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3Cited by41 opinions

  1. In Re RainsCourt of Appeals for the Tenth Circuit · 2011
  2. United States v. Redd (Shue)Court of Appeals for the Second Circuit · 2013
  3. Odell Crawford v. State of MinnesotaCourt of Appeals for the Eighth Circuit · 2012
  4. Watson v. ArtuzDistrict Court, S.D. Illinois · 2018
  5. Christopher Cremeans v. Warden, New Hampshire State PrisonDistrict Court, D. New Hampshire · 2019

36 more not listed; retrieve them via the Exa API.

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