Topic: whether the claims would be time barred if filed anew in th… · Go Syfert
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Topic #2370

6 canonical passages across 5 cases, quoted by 199 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from In Re Cline.

#Case FlagCanonical passage Citers
1 In Re Cline Anchor
ca10 · 2008
green “whether the claims would be time barred if filed anew in the proper forum, whether the claims alleged are likely to have merit, and whether the claims were filed in good faith....” 112
2 Case v. Hatch
ca10 · 2013
green “the filing of a second or successive 2254 application is tightly constrained.” 46
3 Yellowbear v. Wyoming Attorney General
ca10 · 2008
green “section 2241 is a vehicle ... for attacking the execution of a sentence.” 18
4 Craig v. United States
ca10 · 2021
green “there is no statute of limitations for petitions invoking 2241.” 12
5 Shirley v. Davis
ca10 · 2013
neutral “the dismissal of a 2254 petition as time-barred is a decision on the merits for purposes of determining whether a subsequent petition is second or successive.” 7
6 Case v. Hatch
ca10 · 2013
green “before a court can consider a second claim, an applicant must first 'move in the appropriate court of appeals for an order authorizing the district court to consider the application.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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