Kuhlmann v. Wilson, 477 U.S. 436 (1986)

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Author: John Paul Stevens

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Kuhlmann v. Wilson, 477 U.S. 436 (1986)

JUSTICE STEVENS, dissenting.

When a district court is confronted with the question whether the "ends of justice" would be served by entertaining a state prisoner’s petition for habeas corpus raising a claim that has been rejected on a prior federal petition for the same relief, one of the facts that may properly be considered is whether the petitioner has advanced a "colorable claim of innocence." But I agree with JUSTICE BRENNAN that this is not an essential element of every just disposition of a successive petition. More specifically, I believe that the District Court did not abuse its discretion in entertaining the petition in this case, although I would also conclude that this is one of those close cases in which the District Court could have properly decided that a second review of the same contention was not required, despite the intervening decision in United States v. Henry, 447 U.S. 264 (1980).

On the merits, I agree with the analysis in Part II of JUSTICE BRENNAN’s dissent. Accordingly, I also would affirm the judgment of the Court of Appeals.

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Chicago: John Paul Stevens, "Stevens, J., Dissenting," Kuhlmann v. Wilson, 477 U.S. 436 (1986) in 477 U.S. 436 477 U.S. 477. Original Sources, accessed September 24, 2018, http://www.originalsources.com/Document.aspx?DocID=DBXGGIXDY3NS64A.

MLA: Stevens, John Paul. "Stevens, J., Dissenting." Kuhlmann v. Wilson, 477 U.S. 436 (1986), in 477 U.S. 436, page 477 U.S. 477. Original Sources. 24 Sep. 2018. www.originalsources.com/Document.aspx?DocID=DBXGGIXDY3NS64A.

Harvard: Stevens, JP, 'Stevens, J., Dissenting' in Kuhlmann v. Wilson, 477 U.S. 436 (1986). cited in 1986, 477 U.S. 436, pp.477 U.S. 477. Original Sources, retrieved 24 September 2018, from http://www.originalsources.com/Document.aspx?DocID=DBXGGIXDY3NS64A.