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Home / Opinion Digests / Criminal Law / Petition for parole status change was not ‘second or successive’ (access required)

Petition for parole status change was not ‘second or successive’ (access required)

Where a defendant convicted of murder voluntarily dismissed a parole eligibility claim from his initial 28 U.S.C. § 2254 petition after the district court denied his request for a stay in order to exhaust state proceedings, he did not need the federal court’s authorization to pursue that claim following exhaustion in the state court. Background In May ...