What is the test for controlling weight in a denial of a prior application for habeas corpus?

MultiRegion, United States of America

The following excerpt is from Wilson v. Henderson, 742 F.2d 741 (2nd Cir. 1984):

It is well settled that courts may give controlling weight to a denial of a prior application for habeas corpus only if "(1) the same ground presented in the subsequent application was determined adversely to the applicant on the prior application, (2) the prior determination was on the merits, and (3) the ends of justice would not be served by reaching the merits of the subsequent application." Sanders v. United States, 373 U.S. 1, 15, 83 S.Ct. 1068, 1077, 10 L.Ed.2d 148 (1963); United States ex rel. Schnitzler v. Follette, 406 F.2d 319, 321 (2d Cir.), cert. denied, 395 U.S. 926, 89 S.Ct. 1783, 23 L.Ed.2d 244 (1969).

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