Felker v. Turpin, 518 U.S. 651 (1996)

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OCTOBER TERM, 1995

Syllabus

FELKER v. TURPIN, WARDEN

certiorari to the united states court of appeals for the eleventh circuit

No. 95-8836 (A-890). Argued June 3, 1996—Decided June 28, 1996

After he was convicted of murder and other crimes and sentenced to death by a Georgia state court, petitioner was denied relief on direct appeal, in two rounds of state collateral proceedings, and in a first round of federal habeas corpus proceedings. While he was awaiting execution, the President signed into law the Antiterrorism and Effective Death Penalty Act of 1996 (Act), Title I of which, as here pertinent, requires dismissal of a claim presented in a state prisoner's second or successive federal habeas application if the claim was also presented in a prior application, 28 U. S. C. § 2244(b)(1); compels dismissal of a claim that was not presented in a prior federal application, unless certain conditions apply, § 2244(b)(2); creates a "gatekeeping" mechanism, whereby the prospective applicant files in the court of appeals a motion for leave to file a second or successive habeas application in the district court, and a three-judge panel determines whether the application makes a prima facie showing that it satisfies § 2244(b)'s requirements, § 2244(b)(3); and declares that a panel's grant or denial of authorization to file "shall not be appealable and shall not be the subject of a petition for . . . writ of certiorari," § 2244(b)(3)(E). Petitioner filed a motion for leave to file a second federal habeas petition, which the Eleventh Circuit denied on the grounds, inter alia, that the claims to be raised therein had not been presented in his first petition and did not meet § 2244(b)(2)'s conditions. Petitioner then filed in this Court a pleading styled a "Petition for Writ of Habeas Corpus [and] for Appellate or Certiorari Review . . . ." The Court granted certiorari, ordering briefing on the extent to which Title I's provisions apply to a habeas petition filed in this Court, whether application of the Act suspended habeas in this case, and whether Title I, especially the provision to be codified at § 2244(b)(3)(E), unconstitutionally restricts the Court's jurisdiction.

Held: 1. The Act does not preclude this Court from entertaining an application for habeas corpus relief, although it does affect the standards governing the granting of such relief. Pp. 658-663. (a) Title I does not deprive this Court of jurisdiction to entertain habeas petitions filed as original matters pursuant to 28 U. S. C. §§ 2241

651

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