United States Second Circuit

The Antiterrorism and Effective Death Penalty Act (AEDPA) requirement, that successive habeas applications be authorized by a court of appeals order, is jurisdictional and therefore cannot be waived, and all successive petitions must comply with that requirement, whether they are governed by the pre-AEDPA or post-AEDPA substantive standard.

Appellate Information

• Decided 01/09/2003
• Published 01/10/2003

Judges

• SACK, Circuit Judge., Before:  FEINBERG, CARDAMONE, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Randall D. Unger, Kew Gardens, NY, for Appellant.


• For Appellees:
  
• Ruth E. Ross, Assistant District Attorney, Kings County (Charles J. Hynes, District Attorney, Leonard Joblove, Victor Barall, Assistant District Attorneys, of counsel), Brooklyn, NY, for Appellee.