Bowe v. United States · ¶157

Another contextual clue comes from the 30-day clock. Just as with § 2244(b)(3)(C), no one questions that § 2244(b)(3)(D) applies to both federal and state prisoners. Under that provision, a federal court of appeals has just 30 days to issue a certification decision. Complying with that tight deadline is possible if courts of appeals can dispose of do-over claims without further inquiry. But complying is a good deal harder if panels must ask whether each and every proposed collateral attack involves new evidence of innocence or a retroactively applicable rule of constitutional law. In this case, for example, it took me five minutes to appreciate that Mr. Bowe has already advanced, many times before, the same claim he proposes to pursue here. I do not know, nor would it be so easy to determine, whether Mr. Bowe's latest filing makes a compelling showing of new facts or new law. Contra,…

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