[Download] "Nevius v. Mcdaniel" by Ninth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Nevius v. Mcdaniel
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 11, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Order The motion of respondents for clarification of this court's order of November 27, 1996, is GRANTED. The relevant provision of the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2244(b)(3)(C), states that this court ""may authorize the filing of a second or successive application if it determines that the application makes a prima facie showing that the application satisfies the requirements of this section."" Although the provision arguably is subject to the interpretation that this court is to authorize only those claims meeting the requirements of § 2244, we conclude that the proper procedure under the statute is for this court to authorize the filing of the entire successive application.