Successive Section 2241 Habeas Petition Doesn’t Require Circuit Court’s Permission

A federal prisoner who brings a second or successive habeas corpus petition under 28 U.S.C. §2241 challenging the execution or administration of his sentence does not need to obtain a certificate of appealability from the circuit court first, the U.S. Court of Appeals for the Tenth Circuit ruled Aug. 10. Such a petition is, however, subject to “traditional doctrines governing successive and abusive writs” that predate the enactment of the Antiterrorism and Effective Death Penalty Act, the court added. (Stanko v. Davis)

Closing the Gate.

The AEDPA instituted “gatekeeping” provisions that generally afford federal prisoners only one ...