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McCLESKEY v. ZANT

No. 89-7024.

499 U.S. 467 (1991)

McCLESKEY v. ZANT, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER

Supreme Court of the United States.

Decided April 16, 1991.

Attorney(s) appearing for the Case

John Charles Boger argued the cause for petitioner. With him on the briefs were Robert H. Stroup, Julius L. Chambers III, Richard H. Burr III, George H. Kendall, and Anthony G. Amsterdam.

Mary Beth Westmoreland, Senior Assistant Attorney General of Georgia, argued the cause for respondent. With her on the brief were Michael J. Bowers, Attorney General, William B. Hill, Jr., Deputy Attorney General, and Susan V. Boleyn, Senior Assistant Attorney General.*

JUSTICE KENNEDY delivered the opinion of the Court.

The doctrine of abuse of the writ defines the circumstances in which federal courts decline to entertain a claim presented for the first time in a second or subsequent petition for a writ of habeas corpus. Petitioner Warren McCleskey in a second federal habeas petition presented a claim under Massiah v. United States, 377 U.S. 201

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