United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., 第 549 卷United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 2006 |
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第 147 頁
... petition as re- quired by the Antiterrorism and Effective Death Penalty Act of 1996 ( AEDPA ) , 28 U. S. C. §2244 ( b ) ( 3 ) . Held : Because Burton's 2002 petition was a " second or successive " peti- tion , his failure to obtain ...
... petition as re- quired by the Antiterrorism and Effective Death Penalty Act of 1996 ( AEDPA ) , 28 U. S. C. §2244 ( b ) ( 3 ) . Held : Because Burton's 2002 petition was a " second or successive " peti- tion , his failure to obtain ...
第 151 頁
... petition under 28 U. S. C. § 2254 for a writ of habeas corpus in the United States Dis- trict Court for the Western District of Washington ( 1998 pe- tition ) . App . 34. The standard form he filled out warned applicants that they must ...
... petition under 28 U. S. C. § 2254 for a writ of habeas corpus in the United States Dis- trict Court for the Western District of Washington ( 1998 pe- tition ) . App . 34. The standard form he filled out warned applicants that they must ...
第 152 頁
... petition , App . 77 , and the Ninth Circuit again af- firmed , Burton v . Waddington , 142 Fed . Appx . 297 ( 2005 ) . Both courts rejected the State's contention that the District Court lacked jurisdiction to entertain the petition ...
... petition , App . 77 , and the Ninth Circuit again af- firmed , Burton v . Waddington , 142 Fed . Appx . 297 ( 2005 ) . Both courts rejected the State's contention that the District Court lacked jurisdiction to entertain the petition ...
第 153 頁
... petition was a " second or successive ” habeas application for which he did not seek , much less obtain , au- thorization to file . When Burton filed his first petition , the 1998 petition , he was being held in custody pursuant to the ...
... petition was a " second or successive ” habeas application for which he did not seek , much less obtain , au- thorization to file . When Burton filed his first petition , the 1998 petition , he was being held in custody pursuant to the ...
第 154 頁
... petitions have two options . They may withdraw a mixed petition , exhaust the remaining claims , and return to district court with a fully exhausted petition . We have held that in such circumstances the later filed petition would not ...
... petitions have two options . They may withdraw a mixed petition , exhaust the remaining claims , and return to district court with a fully exhausted petition . We have held that in such circumstances the later filed petition would not ...
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