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Criminal,
9th U.S. Circuit Court of Appeals

May 9, 2018

Failure to file discovery motion bars successive habeas filing, 9th Circuit rules

A California prisoner who failed to seek discovery of possible exculpatory evidence before filing a series of habeas petitions to his 1999 murder conviction may not use helpful evidence he discovered later in a successive challenge, a federal appeals court has ruled.

A California prisoner who failed to seek discovery of possible exculpatory evidence before filing a series of habeas petitions to his 1999 murder conviction may not use helpful evidence he discovered later in a successive challenge, a federal appeals court has ruled.

In a unanimous decision published Tuesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals denied Guillermo Solorio Jr.'s request to file a second or succe...

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