(DOWNLOAD) "Mccleskey v. Zant" by Supreme Court of the United States " Book PDF Kindle ePub Free

eBook details

Title: Mccleskey v. Zant
Author : Supreme Court of the United States
Release Date : January 16, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 96 KB

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[ 59 U.S.L.W. Page 470] The doctrine of abuse of the writ defines the circumstances in which federal courts decline to entertain a claim presented
for the first time in a second or subsequent petition for a writ of habeas corpus. Petitioner Warren McCleskey in a second
federal habeas petition presented a claim under Massiah v. United States, 377 U.S. 201 (1964), that he failed to include in
his first federal petition. The Court of Appeals for the Eleventh Circuit held that assertion of the Massiah claim in this
manner abused the writ. Though our analysis differs from that of the Court of Appeals, we agree that the petitioner here abused
the writ, and we affirm the judgment.