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Mcfarland Vs. Scott
Cites for this judgment
- US Supreme Court
- Mar 29, 1994
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U.S. 849 (1994) October Term, 1993 Syllabus Mcfarland V. ScottSearch
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of Texas and sentenced to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence, McFarland v. StateSearch
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not oppose the filing, but the District Court denied the stay and dismissed the skeletal petition on the merits. Gosch v. CollinsSearch
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No. SA-93-CA-731 (WD Tex., Sept. 15, 1993). The Court of Appeals for the Fifth Circuit affirmed, Gosch v. CollinsSearch
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F.3d 20 (1993), cert. dism'd sub nom. Gosch v. ScottSearch
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filed a subsequent, substantive habeas petition, which the District Court dismissed as successive and abusive. Gosch v. CollinsSearch
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stay, the District Court found the petition to be insufficient and denied the motion for stay on the merits. McFarland v. CollinsSearch
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U. S. 938. The Court later granted certiorari, 510 U. S. 989 (1993), to resolve an apparent conflict with Brown v. VasquezSearch
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Rule 2(c), and comply with this Court's doctrines of procedural default and waiver, see Coleman v. ThompsonSearch
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and to deny a stay of execution where a habeas petition fails to raise a substantial federal claim, see Barefoot v. EstelleSearch
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any petition subsequently filed by counsel could be subject to dismissal as an abuse of the writ. See McCleskey v. ZantSearch
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expressly by federal statute or falls under one of two other exceptions to the Anti-Injunction Act. See Mitchum v. FosterSearch
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U. S. 880 , 887-888 (1983). See also Autry v. EstelleSearch
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see Townsend v. SainSearch
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Pennsylvania Bureau of Correction v. UnitedSearch
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in the habeas statute. Cf. Miles v. ApexSearch
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Jackson v. VasquezSearch
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some of the burden of providing preapplication legal assistance to indigent death-sentenced prisoners. Cf. Hill v. LockhartSearch
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b). See also Coleman v. ThompsonSearch
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until an application for habeas relief is filed. 873 Duckworth v. EaganSearch
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Syllabus Mcfarland V. ScottSearch
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McFarland v. StateSearch
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Gosch v. CollinsSearch
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Gosch v. ScottSearch
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McFarland v. CollinsSearch
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Brown v. VasquezSearch
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Coleman v. ThompsonSearch
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See McCleskey v. ZantSearch
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the Anti-Injunction Act. See Mitchum v. FosterSearch
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Cf. Miles v. ApexSearch
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Cf. Hill v. LockhartSearch
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Autry v. EstelleSearch
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