Quantcast
Home / Opinion Digests / Criminal Law / Post-Resentencing Habeas Petition Not ‘Successive’ (access required)

Post-Resentencing Habeas Petition Not ‘Successive’ (access required)

A habeas petition filed after defendant was resentenced for a 1993 murder conviction counts as his first petition under 28 U.S.C. § 2254 to challenge the new judgment; the 4th Circuit says the petition is not second or successive and denies petitioner’s motion seeking leave to file a successive petition, as unnecessary. Defendant was convicted in ...