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Online Essay, December 2017, Thomas Burch California Law Review Online Essay, December 2017, Thomas Burch California Law Review

“New Judgment” and the Federal Habeas Statutes

Prisoners love to file habeas petitions. Maybe a little too much. That is why Congress drafted the federal habeas statutes to preclude prisoners from filing “second or successive” petitions attacking their judgments. But in drafting those statutes, Congress left open a loophole: if a prisoner secures some change to his judgment that makes that…

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