United States Second Circuit

Dismissal of a state prisoners's federal habeas petition by reason of tardiness renders future petitions "second or successive," which must be dismissed unless the applicant can show that the claim relies on either a new rule of constitutional law or previously undiscoverable factual predicate.

Appellate Information

• Decided 01/05/2005
• Published 01/05/2005

Judges

• LEVAL, Circuit Judge., Before:  LEVAL and CABRANES, Circuit Judges, and GARAUFIS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kevin Murray, Green Haven Correctional Facility, Stormville, NY, Pro Se., Julio Cesar Arce, Upstate Correctional Facility, Malone, NY, Pro Se.


• For Appellees:
  
• Amy Appelbaum, Assistant District Attorney, District Attorney of Kings County, Brooklyn, NY, for Respondent Charles Greiner., Morrie I. Kleinbart, Assistant District Attorney, District Attorney of New York County, New York, NY, for Respondent Brian Fischer.