VINCENT

v.

LOUISIANA; BLOOM V. UNITED STATES; LANDERS V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. ET AL.; STAPLES V. TOWNE ET AL.; BRIDGES ET AL. V. PHILLIPS PETROLEUM CO.; DAY V. SUPREME COURT OF TEXAS ET AL.; ROCCO V. CENTRAL MUNICIPAL COURT, COUNTY OF ORANGE; SLATER V. UNITED STATES

Citator

Cited By

• McCLESKEY v. Zant, 499 U.S. 467 (U.S. 1991)
  …us actions, we have had little occasion to define it. Indeed, there is truth to the observation that we have defined abuse of the writ in an oblique way, through dicta and denials of certiorari petitions or stay applications. See Witt v. Wainwright, 470 U. S. 1039, 1043 (1985) (Marshall, J., dissenting). Today we give the subject our careful consideration. We begin by tracing the historical development of some of the substantive and procedural aspects of the writ, and then consider the standard for abuse that…
• Gunn v. Lanson Newsome, 881 F.2d 949 (11th Cir. 1989)
  …49, 1063, 92 L.Ed. 1356 (1948). Once the government does so, the burden shifts to the petitioner to show that his conduct was not an abuse of the writ. Id. at 292, 68 S.Ct. at 1063; Witt v. Wainwright, 755 F. 2d 1396, 1397 (11th Cir.), cert. denied, 470 U.S. 1039, 105 S.Ct. 1415, 84 L.Ed.2d 801 (1985). The petitioner can meet this burden by showing that his failure to raise the claim in a prior petition was the result of “excusable neglect.” Potts v. Zant, 638 F. 2d 727, 740-41 (5th Cir. Unit B),10 cert. den…
• Bennie E. Demps v. Dugger, 874 F.2d 1385 (11th Cir. 1989)
  …ted in a prior proceeding, the petitioner must show that the failure to present the ground did not result from intentional abandonment or withholding, or inexcusable neglect. Witt v. Wainwright, 755 F. 2d [*1392] 1396, 1397 (11th Cir.) cert. denied, 470 U.S. 1039, 105 S.Ct. 1415, 84 L.Ed.2d 801 (1985). For example, an abuse of the writ can occur where a petitioner deliberately refrains from asserting one of two grounds for relief in the first petition in an attempt to obtain two hearings instead of one. Sand…