HabeasCorpus Securities
(1) Whether application of 28 U.S.G. 2244(b)(1) and (2) in this case violates
U.S. Const. Art. I, Sec. 9, cl. 2, where the adjudication of a federal claiai for
relief in a first habeas petition by a state prisoner is contrary to a subsequent
holding by this Court; the error remains uncorrected; and there is no other remedy
available?
(2) Whether transfer to the district court for hearing and determination is
warranted in the exceptional circumstances where a subsequent holding by this
Court affects the previous adjudication of a federal claim by a state court, and
subsequently by a federal district court in a first habeas petition pursuant to
28 U.S.C. 2254; the erroneous adjudication remains uncorrected; the petitioner
is serving a life sentience without parole or probation as opposed to twenty-five
years absent the error; and there is no other remedy available?
Whether application of 28 U.S.C. 2244(b)(1) and (2) violates U.S. Const. Art. I, Sec. 9, cl. 2