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STOREY v. LUMPKIN

No. 21-6674.

142 S.Ct. 2576 (2022)

Paul David STOREY v. Bobby LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

Supreme Court of United States.

Decided June 30, 2022.

The petition for a writ of certiorari is denied.

Statement of Justice SOTOMAYOR respecting the denial of certiorari.

The facts of this case offer a cautionary tale for those Courts of Appeals that have yet to define what constitutes a restricted "second or successive habeas corpus application," 28 U.S. C. § 2244(b)(2), in the context of prosecutorial misconduct. I write to underscore how erroneous the Fifth...

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