Fourth Circuit: In Re: Terrence Wright

Habeas, AEDPA

As the state prisoner Habeas statute is more specific than the general federal Habeas statute, petitions relating to the incarceration that do not challenge the underlying conviction arise under the state prisoner Habeas statute.  Circuit split flagged.

Where the claim was available to the petitioner at the time of an earlier petition, pre-AEDPA abuse-of-writ principles justify denial of the writ.

In Re: Terrence Wright