Browning v. U.S., No. 00-7096 (10th Cir.) (241 F.3d 1262) (March 1, 2001) (Judge Stephanie K. Seymour)
Here the en banc court held that for purposes of 28 USC § 2255 the proper retroactivity test for second or successive habeas petitions under the AEDPA is whether the Supreme Court has specifically declared the new rule to be retroactive.
The issue of whether the Supreme Court’s recent decision ...
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