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Do-over bar (relitigation bar)
Definition
Section 2244(b)(1)'s prohibition on raising a claim in a successive habeas petition that was already presented in a prior petition. It is an absolute bar — unlike (b)(2), which allows new claims meeting certain criteria — and prevents prisoners from relitigating claims that have already been decided.
Examples
- •Six circuits apply the do-over bar to federal prisoners, preventing them from raising previously presented claims in successive Section 2255 motions.