Application for Second or Successive Petition Under 28 U.S.C. 2255 (federal)

• Category: Federal - Appeals - 6th Circuit
• State: Multi-State
• Control #: US-6THCIR-37
• Format: PDF

Description

Application for Second or Successive Petition Under 28 U.S.C. 2255 (federal) Application for Second or Successive Petition Under 28 U.S.C. 2255 (federal) is a form that allows an individual to file a second or successive petition for habeas corpus relief in federal court. The form must be completed by the petitioner, signed and dated, and include information about the prior criminal case, the facts and grounds for the new petition, and any other supporting evidence. There are two types of Applications for Second or Successive Petition Under 28 U.S.C. 2255 (federal): (1) a petition for leave to file a second or successive petition and (2) a motion for authorization from the court of appeals. The court may authorize the filing of a second or successive petition if the petitioner can demonstrate that the claims are based on either (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact finder would have found the petitioner guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.

Application for Second or Successive Petition Under 28 U.S.C. 2255 (federal) is a form that allows an individual to file a second or successive petition for habeas corpus relief in federal court. The form must be completed by the petitioner, signed and dated, and include information about the prior criminal case, the facts and grounds for the new petition, and any other supporting evidence. There are two types of Applications for Second or Successive Petition Under 28 U.S.C. 2255 (federal): (1) a petition for leave to file a second or successive petition and (2) a motion for authorization from the court of appeals. The court may authorize the filing of a second or successive petition if the petitioner can demonstrate that the claims are based on either (1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact finder would have found the petitioner guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.