Topic: as a general rule, a prisoner who had both the incentive an… · Go Syfert
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Topic #2890

3 canonical passages across 2 cases, quoted by 9 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 Pratt v. United States.

#Case FlagCanonical passage Citers
1 Pratt v. United States Anchor
ca1 · 1997
green “as a general rule, a prisoner who had both the incentive and the ability to raise a particular claim in his first petition for post-conviction relief, but declined to assert it, cannot raise it the second time around.” 3
2 Pratt v. United States
ca1 · 1997
green “failed to marshal all his claims of error in his first section 2255 petition, and he must now pay the piper. aedpa governs here, and, on the facts of this case, aedpa's clear language prohibits from rectifying his omission by means of a second petition.” 3
3 In Re James Davenport and Sherman Nichols
ca7 · 1998
green “f congress has forbidden federal prisoners to proceed under 2241 even when 2255 is closed to them then it would be senseless to suppose that congress permitted them to pass through the closed door simply by changing the number 2241 to 1651 on their motions.” 3

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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