Leave to File Second Habeas Writ Granted

In Quezada v. Smith, No. 10-2738, an application pursuant to 28 U.S.C. section 2244(b)(3) for leave to file in the district court a second petition for a writ of habeas corpus, the court granted the petition where 1) reexamination of an untimeliness ruling that was made with respect to a first habeas corpus petition may occur only in limited circumstances, such circumstances were not present in petitioner’s case, and his current petition was properly considered “second”; and 2) petitioner made a sufficient showing to satisfy the court’s “gate-keeping” responsibility under 28 U.S.C. section 2244(b)(3).

Related Resources

  • Read the Second Circuit’s Decision in Quezada v. Smith, No. 10-2738

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