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Slack v. McDaniel

Docket No.: 98-6322
Argued: October 4, 1999
Decided: April 26, 2000

Topics:

28 USC 2241-2255 (habeas corpus), Criminal Procedure, Habeas Corpus, Appellate Procedure, Civil Procedure, Death Penalty, habeas, habeas corpus, murder, probable cause

Petitioner: Slack
Respondent: McDaniel

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Supreme Court Docket


529 U.S. 473 (2000)
Question:

If a person's petition for a federal writ of habeas corpus is dismissed without prejudice for failure to exhaust state remedies and is re-filed after those remedies are exhausted, are any claims not raised in the first petition "second or successive" and abusive of the right?

Slack v. McDaniel
ORAL ARGUMENT

October 04, 1999

Decision: Decision: 7 votes for Slack, 2 vote(s) against
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