Seventh Circuit: John Mandacina v. Frederick Entzel

 

The tendency of undisclosed potential impeachment evidence to come into view years afterward isn't a structural flaw in statutory Habeas sufficient to justify an application under the traditional form; the statutory form clock restarts from the discovery of the evidence, and second or successive petitions merely limit the petitioner to a single claim.

Although there is not a one-year limit on the older statutory form of Habeas, in such a case, equitable principles restrict abuse of the Writ.


John Mandacina v.  Frederick Entzel