'New Judgment' and the Federal Habeas Statutes

16 Pages Posted: 15 May 2018

See all articles by Thomas V. Burch

Thomas V. Burch

University of Georgia School of Law

Date Written: May 14, 2018

Abstract

Prisoners love to file habeas petitions. Maybe a little too much. That is why Congress drafted the federal habeas statutes to preclude prisoners from filing “second or successive” petitions attacking their judgments. This essay explains the shortcomings of how some courts have assessed that meaning, and it proposes a straightforward test for determining when a new judgment exists.

Keywords: criminal law, habeas petitions, Magwood v. Patterson, Section 2254, Federal Rules of Criminal Procedure, disaggregating, judgment

Suggested Citation

Burch, Thomas V., 'New Judgment' and the Federal Habeas Statutes (May 14, 2018). 8 Calif. L. Rev. Online 88 (2017), University of Georgia School of Law Legal Studies Research Paper No. 2018-23, Available at SSRN: https://ssrn.com/abstract=3178216

Thomas V. Burch (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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