Slack v. McDaniel
- Decided
- April 26, 2000
- Docket
- 98-6322
- Status
- Published
- Jurisdiction
- Federal
Cited 41,291 timesSuperseded by statute (not yet verified)Possible negative treatment: superseded by statute (not yet verified) · United States v. Mabry
What later courts said
- holding that new petition that repeated claims earlier dismissed without prejudice because they were unexhausted was not second or successive — Kevin Cooper v. Arthur Calderon, Warden of California State Prison at San Quentin (2001)
- holding that "§ 2253 applies to appellate proceedings initiated post-AEDPA[,]" even when the underlying habeas proceeding was initiated a district court pre-AEDPA — Gonzalez v. Secretary for the Department of Corrections (2004)
- holding that the requirements of § 2253(c) applied regardless of whether the district court rejected a constitutional claim on the merits or on procedural grounds — Richard M. Frazier v. Stephen J. Huffman, Warden (2003)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Kennedy delivered the opinion of the Court."
We are called upon to resolve a series of issues regarding the law of habeas corpus, including questions of the proper application of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). We hold as follows:
[*478] First, when a habeas corpus petitioner seeks to initiate an appeal of the dismissal of a habeas corpus petition after April 24, 1996 (the effective date of AEDPA), the right to appeal is governed by the certificate of appealability (COA) requirements now found at 28 U. S. C. § 2253(c) (1994 ed., Supp. III). This is true whether the habeas corpus petition was filed in the district court before or after AEDPA’s effective date.
Statutes cited
- 28 U.S.C. § 2253
- 28 U.S.C. § 2254
- 28 U.S.C. § 12253
Cite this
Slack v. McDaniel, 529 U.S. 473 (2000)Read the full opinion
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