Fells v. Silva

Summary

The United States District Court for the Northern District of California dismissed Billy M. Fells’s amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court concluded that the competency-hearing and ineffective-assistance claims had been presented and denied on the merits in a prior federal habeas action, and it declined to issue a certificate of appealability.

Holdings

1. A claim presented in a second or successive § 2254 habeas application that was presented in a prior application must be dismissed. Because Petitioner's competency and ineffective-assistance claims were denied on the merits in his prior federal habeas case, the amended petition was dismissed.
2. The court declined to issue a certificate of appealability.

Questions Presented

1. Whether the amended § 2254 petition should be dismissed as a second or successive petition because it raises claims that were presented and adjudicated on the merits in a prior federal habeas action.
2. Whether the court should issue a certificate of appealability.

Disposition

dismissed