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Castro v. United States

Docket No.: 02-6683
Certiorari Granted: Jan 27 2003
Argued: October 15, 2003
Decided: December 15, 2003

Topics:

28 USC 2241-2255 (habeas corpus), Criminal Procedure, Habeas Corpus, 19th Amendment, 9th Amendment, Abortion, Appellate Procedure, Civil Procedure, Commerce Clause, Death Penalty, Equal Protection Clause, Federal Rules of Civil Procedure, Federalism, First Amendment, Freedom of Press, Medicare, habeas, habeas corpus, ineffective assistance of counsel, res judicata, separation of powers

PartyNames: Hernan O'Ryan Castro v. United States
Petitioner: Hernan O'Ryan Castro
Respondent: United States

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: CA 11, 290 F.3d 1270. QUESTION PRESENTED FOR REVIEW When a United States District Court re-characterizes a pro-se federal prisoner's firstpost conviction motion as a habeas petition under 28 USC sec. 2255, does such recharacterization render the pr isoner's subsequent attempt to file a first titled sec.2255 petition a "second or successive petition" within the purview of the Antiterrorism and Effective Death Penalty Act (AEDPA)? CERT. GRANTED: 1/27/03In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Does this Court have jurisdiction to review the Eleventh Circuit's decision affirmingthe dismissal of a §2255 petition for writ of habeas corpus as second or successive?
Supreme Court Docket

Hernan O'Ryan Castro
v.
United States
540 U.S. 375 (2003)
Question:

When a district judge re-classifies a post-conviction motion by a defendant, turning it into a petition for a writ of habeas corpus, does that preclude future petitions for a writ of habeas corpus under the Antiterrorism and Effective Death Penalty Act of 1996?

Note:

. CA 11, 290 F.3d 1270. QUESTION PRESENTED FOR REVIEW When a United States District Court re-characterizes a pro-se federal prisoner's firstpost conviction motion as a habeas petition under 28 USC sec. 2255, does such recharacterization render the pr isoner's subsequent attempt to file a first titled sec.2255 petition a "second or successive petition" within the purview of the Antiterrorism and Effective Death Penalty Act (AEDPA)? CERT. GRANTED: 1/27/03In addition to the question presented by the petition, the parties are directed to brief and argue the following question:Does this Court have jurisdiction to review the Eleventh Circuit's decision affirming the dismissal of a §2255 petition for writ of habeas corpus as second or successive?

Castro v. United States
ORAL ARGUMENT

October 15, 2003

Holding: vacated and remanded
Decision: Decision: 9 votes for Castro, 0 vote(s) against
Vote: 9-0

Castro v. United States
Case Documents

1Slip Opinion in Castro v. United States (Opinion by )
2Opinion in Castro v. United States
3Opinion in Castro v. United States
Additional documents for this case are pending review.