Motion for an Order Authorizing the District Court to Consider a Successive or Second Habeas Corpus Application Pursuant to 28 U.S.C. Sec. 2244 (b), 2254 (Prisoner in State Custody)

• Category: Federal - Appeals - 2nd Circuit
• State: Multi-State
• Control #: US-APP-2NDCIR-26
• Format: PDF

Description

Official Form A Motion for an Order Authorizing the District Court to Consider a Successive or Second Habeas Corpus Application Pursuant to 28 U.S.C. Sec. 2244 (b), 2254 (Prisoner in State Custody) is a request to the court to allow the filing of a successive or second habeas corpus petition in a case in which the petitioner has already had a habeas corpus petition denied. This motion is typically filed when the petitioner believes that their habeas corpus petition should have been granted or that they have discovered new evidence that could prove their innocence. There are two types of Motion for an Order Authorizing the District Court to Consider a Successive or Second Habeas Corpus Application Pursuant to 28 U.S.C. Sec. 2244 (b), 2254 (Prisoner in State Custody): a Motion for Leave to File a Successive Habeas Corpus Petition and a Motion for Leave to File a Second Habeas Corpus Petition. A Motion for Leave to File a Successive Habeas Corpus Petition is made when a petitioner seeks to file a new habeas corpus petition in a case where their previous petition was denied. This motion must be accompanied by a showing of “cause and prejudice” or “actual innocence” in order to be granted. A Motion for Leave to File a Second Habeas Corpus Petition is made when a petitioner seeks to file a new habeas corpus petition in a case where they have already had one granted. In order for a Motion for Leave to File a Second Habeas Corpus Petition to be granted, the petitioner must show that the new petition contains either “newly discovered evidence” or “a new rule of constitutional law that applies retroactively.”

A Motion for an Order Authorizing the District Court to Consider a Successive or Second Habeas Corpus Application Pursuant to 28 U.S.C. Sec. 2244 (b), 2254 (Prisoner in State Custody) is a request to the court to allow the filing of a successive or second habeas corpus petition in a case in which the petitioner has already had a habeas corpus petition denied. This motion is typically filed when the petitioner believes that their habeas corpus petition should have been granted or that they have discovered new evidence that could prove their innocence. There are two types of Motion for an Order Authorizing the District Court to Consider a Successive or Second Habeas Corpus Application Pursuant to 28 U.S.C. Sec. 2244 (b), 2254 (Prisoner in State Custody): a Motion for Leave to File a Successive Habeas Corpus Petition and a Motion for Leave to File a Second Habeas Corpus Petition. A Motion for Leave to File a Successive Habeas Corpus Petition is made when a petitioner seeks to file a new habeas corpus petition in a case where their previous petition was denied. This motion must be accompanied by a showing of “cause and prejudice” or “actual innocence” in order to be granted. A Motion for Leave to File a Second Habeas Corpus Petition is made when a petitioner seeks to file a new habeas corpus petition in a case where they have already had one granted. In order for a Motion for Leave to File a Second Habeas Corpus Petition to be granted, the petitioner must show that the new petition contains either “newly discovered evidence” or “a new rule of constitutional law that applies retroactively.”