(DOWNLOAD) "Burton v. Stewart" by Supreme Court of the United States ~ Book PDF Kindle ePub Free
eBook details
- Title: Burton v. Stewart
- Author : Supreme Court of the United States
- Release Date : January 09, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
We granted certiorari in this case, 547 U. S. ___ (2006), to determine whether our decision in Blakely v. Washington, 542 U. S. 296 (2004), announced a new rule and, if so, whether it applies retroactively on collateral review. We do not answer these questions, however, because petitioner -- a state prisoner seeking post-conviction relief from the federal courts -- failed to comply with the gatekeeping requirements of 28 U. S. C. 2244(b). That failure deprived the District Court of jurisdiction to hear his claims. Accordingly, we vacate the judgment of the Court of Appeals and remand with instructions to direct the District Court to dismiss petitioners habeas corpus application for lack of jurisdiction.
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