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Turner v. Artuz

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Argued: June 29, 2001

Petitioner-appellant Kevin Turner moved this Court for authorization to file a successive habeas petition under 28 U.S.C. � 2244(b)(3) in order to raise two claims that had been raised in a prior petition and were dismissed as procedurally forfeited. Turner’s authorization motion was denied by order of this Court dated July 10, 2000; however, the denial was held in abeyance pending briefing on three relevant issues. We now lift the hold on the July 10, 2000 Order denying authorization for a successive petition.

By order of this Court dated July 10, 2000, petitioner-appellant Kevin Turner was denied authorization to file a successive habeas petition raising two claims–that the prosecution (1) displayed to the jury inflammatory photos of the victims, and (2) vouched on summation for the truthfulness of a witness–which had been raised in a prior petition and were dismissed as procedurally forfeited. The denial was held in abeyance, however, and the parties were directed to brief the following issues:

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