Raymond E. Hill v. State of Alaska

This appeal requires us to decide whether an initial habeas petition challenging the calculation of the prisoner’s release date, in this case a claim that Alaska’s “mandatory parole” scheme is unconstitutional, is governed by the “second or successive” petition provision of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See 28 U.S.C. § 2244 (b). Raymond Hill has filed numerous habeas petitions since he was convicted of robbery in 1993. He now requests this court’s permission to file yet another habeas petition in district court. Because the petition at issue constitutes his first challenge to the calculation of his release date, we conclude that, as it relates to parole, Hill’s petition is not second or successive under § 2244(b)(3)(A). Accordingly, no permission is required to file the petition in district court and Hill’s application is dismissed as unnecessary. Hill also seeks leave to file a petition relating to his conviction. That application is denied as a successive petition.

Background

The Alaska Court of Appeals, in its denial of Hill’s state habeas petition, provided a cogent summary of the background facts in this case:

Hill v. State, 22 P.3d 24,…