United States Fifth Circuit

Petitioner's failure to bring a jail time credit claim in an initial application, despite the fact the claim arose prior to filing an initial application, renders the instant application an abuse of the writ, thus a second petition was "successive" under 28 U.S.C. section 2244(b).

Appellate Information

• Decided 04/01/2003
• Published 04/01/2003

Judges

• CARL E. STEWART, Circuit Judge:, Before DeMOSS and STEWART, Circuit Judges, and LITTLE, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Carlton C. McLarty, Asst. Fed. Pub. Def., Dallas, TX, for Petitioner-Appellant.


• For Appellees:
  
• James Michael Terry, Jr., Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.