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Certification / Authorization

Definition

Under AEDPA, before a prisoner can file a second or successive habeas petition, a three-judge panel of the court of appeals must certify (authorize) that the petition meets certain statutory requirements. This is a gatekeeping mechanism designed to screen out meritless filings.

Examples

  • Bowe sought certification from the Eleventh Circuit to file his successive Section 2255 motion, but the panel dismissed his request.

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