Lonchar v. Thomas (1995)

Docket
95-5015
Decided
1995-01-01

Summary

Question: May a federal court dismiss a first federal habeas petition for general "equitable" reasons beyond those embodied in the federal Habeas Corpus Rules? Conclusion: No. In an opinion authored by Justice Stephen G. Breyer, the Court held that federal Habeas Corpus Rule 9, not some general "equitable" power to create exceptions to the Rule, should have determined whether or not a petition's dismissal was appropriate. Justice Breyer wrote for the court that a long delay does not generally constitute an abuse of the system, adding, "[d]ismissal of a first habeas petition is a particularly serious matter for that dismissal denies the petitioner the protections of the Great Writ entirely."

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