Mr. Chairman, it is only when you get into the successive petitions after you have already had regular appeals and you have already had your first-time shot at this on guilt or innocence or anything else that the issue arises that the gentleman is making all the noise about. And in that situation, for the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth appeal, whatever it is, there are three things you have to show. You have to show the basis for the stay and request for relief is not a claim, not previously presented in State or Federal courts. That would certainly qualify if you have new evidence. Or you have to show the failure to raise the claim is, (A) the result of State action in violation of the Constitution or laws of the United States; (B) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or, (C) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal prosecution review.
Editor's note · Context
Discussing the requirements for successive legal appeals during a committee meeting.
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