What is the test for dismissing claims that were previously presented in a federal habeas petition?
MultiRegion, United States of America
The following excerpt is from LaGrand v. Stewart, 170 F.3d 1158, 1999 WL 104754 (9th Cir. 1999):
Section 2244(b)(1) requires the dismissal of claims that were previously presented in a federal habeas petition. Claims that were not previously presented must also be dismissed unless they rely either on a new rule of constitutional law or a showing of actual innocence. See 28 U.S.C. 2244(b)(2); Martinez-Villareal v. Stewart ("Martinez-Villareal II"), 118 F.3d 628, 631 (9th Cir.1997), aff'd, 523 U.S. 637, 118 S.Ct. 1618, 140 L.Ed.2d 849 (1998).
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