“New Judgment” and the Federal Habeas Statutes

Authors

• Thomas V. Burch, University of Georgia School of LawFollow

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.

Repository Citation

Thomas V. Burch, “New Judgment” and the Federal Habeas Statutes , 8 Calif. L. Rev. Online 88 (2017),
Available at: https://digitalcommons.law.uga.edu/fac_artchop/1166