abuse-of-writ
9 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5864 | Rodney E. Barnett v. Arkansas | Arkansas | 2025-10-14 | Denied | Response WaivedIFP | abuse-of-writ brady-violation confrontation-rights due-process ends-of-justice witness-perjury | 1. Does the "ends of justice " doctrine warrant abuse of writ defense by state be excused in this Sept. 4,2025 Arkansas Supreme Court Order? 2. Did … |
| 24-6541 | Bartholomew Granger v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2025-02-11 | Denied | IFP | abuse-of-writ criminal-procedure federal-constitutional-law habeas-corpus post-conviction-relief state-law-ground | 1. Whether the CCA's otherwise unexplained ruling that abuse of the writ under Article 11.071, section 5, precluded post-conviction relief is an adequ… |
| 23-7206 | David Eugene Matthews v. Laura Plappert, Warden | Sixth Circuit | 2024-04-11 | Denied | IFP | abuse-of-the-writ abuse-of-writ aedpa equitable-powers habeas habeas-corpus initial-petition sixth-circuit successive-petition unexhausted-claim unripe-claim | For over three decades, the Court has applied the abuse of the writ doctrine to determine if a second-in-time habeas petition is an initial or success… |
| 23-1044 | Juan Balderas v. Texas | Texas | 2024-03-21 | Denied | abuse-of-writ brady-violation competency-to-stand-trial constitutional-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance judicial-review | Whether, in light of these circumstances, the Texas Court of Criminal Appeal s' summary determination that Juan Balderas's subsequent petition failed … | |
| 23A709 | David Eugene Matthews v. Laura Plappert, Interim Warden | Sixth Circuit | 2024-02-01 | Presumed Complete | abuse-of-writ aedpa banister-doctrine habeas-corpus sixth-circuit successive-petition | Question not identified. | |
| 21-5025 | James Galen Hanna v. Tim Shoop, Warden | Sixth Circuit | 2021-07-07 | Denied | IFP | 28-usc-2244 abuse-of-writ banister-v-davis due-process federal-statute habeas-corpus judicial-review procedural-law second-or-successive second-or-successive-petition | 1. When a petition for writ of habeas corpus presents claims that do not constitute an "abuse of the writ," is it a "second or successive" petition un… |
| 20-1710 | Zafar Bakhramovich Yadigarov v. United States | Eleventh Circuit | 2021-06-11 | Denied | Response Waived | abuse-of-writ appellate-procedure coram-nobis delay due-process judicial-discretion legal-diligence legal-standards procedural-standard sound-reasons writ-of-error | As petitions for writs of error corum nobis are not subject to any formal deadlines nor any statutes of limitations, the nation's courts generally den… |
| 19-407 | Alexander Christian Miles v. United States | Tenth Circuit | 2019-09-26 | Denied | Response Waived | abuse-of-the-writ abuse-of-writ aedpa contract-law criminal-charges criminal-procedure plea-bargaining post-conviction-relief | 1. Whether the abuse of the writ doctrine or the AEDPA precludes a successive petition for post conviction relief when the government, years after a d… |
| 18-9690 | Curt M. Lockett v. Florida | Florida | 2019-06-17 | Denied | Response WaivedIFP | abuse-of-writ actual-innocence carrier-standard constitutional-claims due-process evidentiary-hearing federal-review habeas-corpus innocence-claim post-conviction-review procedural-error successive-petitions | Q1: Should a habeas petitioner's claims of actual innocence, supported by the face of the court record, be subject to deference of abusive or successi… |