Tuesday, February 22, 2011

2255 motion grounded in new facts not "second or successive"

Scott v. United States, No. 7:98-CR-79-BO-1, 2011 WL 282338 (E.D.N.C. Jan. 24, 2011):

A § 2255 motion grounded in facts supporting a theory that the prosecution was corrput, when those facts were unavailable at the time of a previous § 2255 motion, does not render the motion "second or successive" for AEDPA's purposes.

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