28 U.S.C. § 2252
Notice
Prior to the hearing of a habeas corpus proceeding in behalf of a person in custody of State officers or by virtue of State laws notice shall be served on the attorney general or other appropriate officer of such State as the justice or judge at the time of issuing the writ shall direct.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1967–2024 · leading case: United States v. Miller
United States v. Miller (2009)
“2000) (affirming a violation of the general article, simple disorder, when insufficient evidence existed to support the greater offense of violation of 28 U.S.C. § 2252 (a)(4)(A)). “Conduct is punishable under Article 134 if it is prejudicial to good order and discipline in the…”
Vaughn Mitchell v. Duncan MacLaren (2019)
“Unlike in Gonzalez , where the COA was defective because it failed to comply with 28 U.S.C. § 2252 (c)(3), see 565 U.S. at 141, 132 S.”
Farmer v. McBride (2006)
“See 28 U.S.C.A. § 2252 (West 1994) (“Prior to the hearing of a habeas corpus proceeding in behalf of a person in custody of State officers or by virtue of State laws notice shall be served on the attorney general or other appropriate officer of such State as the justice or judge…”
United States v. Robert Ellison (1997)
“Although the Index lists both Guidelines as applicable for violations of “28 U.S.C. § 2252,” it does not separate § 2252(a) into its four subsections, as does the Commentary to the specific Guideline sections.”
United States v. Brian Edward Ratigan (2003)
“” 28 U.S.C. § 2252 (c). Where a district court has rejected the constitutional claims on the merits, the petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.”
Ziglar v. United States (2016)
“INTRODUCTION After obtaining authorization under 28 U.S.C. §§ 2252 (h)(2) and 2244(b)(3) from the Eleventh Circuit Court of Appeals to file a second or successive 28 U.”
Donald F. Baker v. Henry Wade, District Attorney of Dallas County, Texas, Etc., Danny E. Hill, 47th District Attorney (1985)
“See 28 U.S.C. § 2252 ; 28 U.S.C. fol. § 2254, Rules 2(a), 4.”
Lavallee v. Coplan (2003)
“Under 28 U.S.C. § 2252 , the state attorney general must be provided notice prior to a hearing on a petition for a writ of habeas corpus, but need not file an answer.”
Thornton v. Sabol (2009)
“He challenges his conviction in the Northern District of New York for possession of child pornography in violation of 28 U.S.C. § 2252 (a)(5)(B). See United States v.”
Krasniqi v. United States (2022)
“The Court adopts the conclusion that the ineffective assistance of counsel claim does not rest on such a new rule of constitutional law, as required by 28 U.S.C. § 2252 (h)(2). The Krasniqis present what could generously be viewed as an objection to the conclusion by Judge…”
United States ex rel. Senk v. Russell (1967)
“A response was filed by the District Attorney of Columbia County, and this court has been furnished with the complete court records, all of which have been carefully and minutely studied.”
Dial v. Byers (2024)
“Petitioner’s Motion for Writ of Habeas Corpus Under 28 U.S.C. § 2252 (b), Habeas Corpus cannot be granted unless “(A) the applicant has exhausted the remedies available in the courts of the state; or (B)(i) there is an absence of available State corrective process; or (ii)…”
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