Tuesday, April 09, 2013

Tenth Circuit -- Abernathy v. Wandes

Habeas -- claim exhaustion under S2255 isn't excused by law of the case that would compel an opposite result -- it's still a legitimate procedural vehicle, so a second-or-successive isn't allowed under S2241.

(Maybe.  Entertainment purposes only, as always.)

Abernathy v. Wandes
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.