What is the burden of proving that the petitioner has abused the writ of appeal?
MultiRegion, United States of America
The following excerpt is from Roccisano v. Menifee, 293 F.3d 51 (2nd Cir. 2002):
Rodriguez, 252 F.3d at 203-04 (emphasis in Frady). See also McCleskey v. Zant, 499 U.S. at 494 (where the government brings to the court's attention the petitioner's prior writ history, identifies claims that appear for the first time in the new petition, and alleges that petitioner has abused the writ, the burden is on the petitioner to disprove abuse of the writ).
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