Justice Sonia Sotomayor criticized the U.S. Court of Appeals for the Eleventh Circuit as “significantly out of step” with other circuits for the way in which it handles prisoners’ requests to file successive habeas challenges to their sentences or convictions.

In a statement accompanying the Supreme Court’s denial of review in the case St. Hubert v. United States, Sotomayor said Monday the Eleventh Circuit’s procedures present a “troubling tableau” and questioned whether they are “consistent with due process.”

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