Phillip Lee Tannehill v. Cletus J. Fitzharris, Superintendent

Tannehill appeals from an order denying his petition for writ of habeas corpus. In his petition he alleged sixteen grounds for relief, several of which appear to raise genuine constitutional issues. Although one of his grounds has been the subject of a prior petition fifteen are new.

The district court denied the writ without a hearing. Because we believe that the consideration given Tannehill’s petition was inadequate, we must remand.

The district court concluded that the ground previously raised was barred by the doctrine of res judicata. It has consistently been held, however, that this doctrine is not applicable to habeas corpus and 28 U.S.C. § 2255 proceedings.

A petition can be dismissed on the basis of a prior adjudication only if (1) the same ground presented in the subsequent application was determined adversely to the applicant on the prior application, (2) the prior determination was on the merits, and (3) the ends of justice would not be served by reaching the merits of the subsequent application. Sanders v. United States, 373 U.S. 1, 15 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 (1963).

If the district court dismisses a petition on the basis of a prior adjudication, it must…