How many habeas petitions can a state prisoner file? What are “second and successive petitions”?

A state prisoner is only allowed to file one petition. Every claim that the petitioner wants to raise must be in there. If there is a claim that the petitioner can still raise in state court, often times the federal court will pause the federal proceeding and let the state prisoner head back to state court to seek relief first.

Once that is done (and assuming the state prisoner loses, which is likely), the federal proceeding then goes forward. In very limited situations, a state prisoner can file a second or successive (meaning more than two) habeas petition. The AEDPA (there it is again) limited the situations under which that can be done.

They are generally limited to newly discovered evidence situations and claims that involve brand new Supreme Court precedent that has been made retroactive to the state prisoner’s case. More.

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