When will a federal court decline to entertain a claim presented for the first time in a second petition for a writ of habeas corpus?

MultiRegion, United States of America

The following excerpt is from Young v. Goldsmith, 952 F.2d 408 (9th Cir. 1991):

The doctrine of abuse of the writ dictates when federal courts should decline to entertain a claim presented for the first time in a second or subsequent petition for a writ of habeas corpus. McCleskey v. Zant, --- U.S. ----, 111 S.Ct. 1454, 1457 (1991). The government bears the burden of pleading abuse of the writ. This burden is satisfied if the government notes, with clarity and particularity, the "petitioner's prior writ history, identifies the claims that appear for the first time, and alleges that petitioner has abused the writ." Id. at ----, 111 S.Ct. at 1470. We are satisfied in this case that the state defendants have met their burden of pleading abuse of the writ.

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