IN RE SMITH

No. 97-00552.

142 F.3d 832 (1998)

In re: Gregory SMITH, Movant.

United States Court of Appeals, Fifth Circuit.

May 28, 1998.


Attorney(s) appearing for the Case

Gregory Smith, Jackson, LA, pro se.

Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Concerning the request by Gregory Smith, Louisiana prisoner # 92399, for leave, pursuant to the Antiterrorism and Effective Death Penalty Act (AEDPA), Pub.L. 104-132, 110 Stat. 1214 (1996), to file a successive 28 U.S.C. § 2254 habeas application in the district court, the principal issue at hand is whether, as required by AEDPA, 28 U.S.C. § 2244(b)(2)(A), Smith presents a new claim that "relies on a new rule of constitutional...

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