BENDER ET AL.

v.

WILLIAMSPORT AREA SCHOOL DISTRICT ET AL.

Citator

Cited By

• McCLESKEY v. Zant, 499 U.S. 467 (U.S. 1991)
  …tokes, supra, at 321-322. See also Kuhlmann v. Wilson, 477 U. S. 436, 444, n. 6 (1986) (plurality opinion) (petition that raises grounds “available but not relied upon in a prior petition” is an example of abuse of the writ); Straight v. Wainwright, 476 U. S. 1132, 1133 (1986) (Powell, J., joined by three Justices, concurring in denial of stay) (new arguments in second petition that “plainly could have been raised earlier” constitute abuse of the writ); Rose v. Lundy, supra, at 521 (plurality opinion) (prison…
• Rowe v. Bd. of Trs. for the Fla. Sch. for the Deaf & Blind, 718 F. Supp. 1446 (M.D. Fla. 1998)
• Rook v. Rice, 478 U.S. 1040 (U.S. 1986)
  …new evidence arises to justify a second petition. Under well-established standards of this Court, the petition is not successive.* Ill Finally, the Court finds itself once again in the morally compromised position taken in Straight v. Wainwright, 476 U. S. 1132, 1134 (1986). Four Justices have voted to stay Rook’s execution and hold the case until a decision is reached in McCleskey. Thus, there are four votes to stay the execution, and four votes to hold the petition for certiorari, but not a fifth vote to…