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Name: Burton v. Stewart
Case #: 22-May
Court: US Supreme Court
District USSup
Opinion Date: 01/09/2007
Subsequent History: 127 S.Ct. 793; 166 L.Ed.2d 628
Summary

On a grant of certiorari to decided if Blakely (Blakely v. Washington, 542 U.S. 296 (2004) was a new rule and if it applied retroactively on collateral review, the court did not reach the issue, finding that because appellant had not complied with the “gatekeeping” requirements AEDPA, the District Court had no jurisdiction to hear the claims. Specifically, appellant had not met the “stringent set of procedures” required for the filing of a second or successive habeas corpus application.