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HILL v. STATE OF ALASKA

No. 01-71735.

297 F.3d 895 (2002)

Raymond E. HILL, Petitioner, v. STATE of Alaska, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2002.

Attorney(s) appearing for the Case

Raymond E. Hill, pro se, for the petitioner.

W.H. Hawley, Jr., and Timothy W. Terrell, Assistant Attorneys General, Department of Law, Office of Special Prosecutions and Appeals, Anchorage, Alaska, for the respondent.

Before: BRUNETTI, TROTT, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge.

This appeal requires us to decide whether an initial habeas petition challenging the calculation of the prisoner's release date, in this case a claim that Alaska's "mandatory parole" scheme is unconstitutional, is governed by the "second or successive" petition provision of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See 28 U.S.C. § 2244(b). Raymond Hill has filed...

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