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In Re Magwood, No. 97-1141 (11th Cir.) (113 F.3d 1544) (May 23, 1997) (Per Curiam)

Departing somewhat from the rationale of the other Circuits, here the Eleventh Circuit considered whether the AEDPA imposed an impermissible retroactive requirement on prisoners by requiring a certificate of appealability for a second or successive petition. The Court essentially held that if the prisoner filed his first petition before the ...

 

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