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Name: Cooper v. Calderon
Case #: 98-99023
Opinion Date: 10/18/2002
Citation: 308 Fed.3d 1020

The Court of Appeal dismissed a petition for rehearing filed after the court affirmed the district court’s denial of a petition for writ of habeas corpus arising out of a state death penalty case because the petition was successive. (2-1.) The rules do not provide for a petition for rehearing in this situation, nor was a substantial constitutional right raised that could not have been raised in the prior petition. Judge Browning, dissented, on the grounds that since the petitioner’s prior vague claim of a violation under Brady v. Maryland (1963) 373 U.S. 83, was not considered on its merits, the present petition was not successive.