United States Ninth Circuit

Grant of habeas corpus relief from second degree assault is reversed where: 1) a motion pursuant to Fed. R. Civ. P. 59(e) that raises entirely new claims should be construed as a second or successive habeas petition subject to AEDPA's restrictions; and 2) a Rule 59(e) motion raises a "new claim" when it seeks to add a ground for relief not articulated in the original federal habeas petition, presents newly discovered evidence, or seeks relief based on a subsequent change in the law

Appellate Information

• Published 2016/05/06

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel