In re: JARIUS DAMAR PHILLIPS
US Court of Appeals for the Fourth Circuit, Niemeyer, Jan. 16, 2018,
Writ of Habeas Corpus – Successive applications for a writ of habeas corpus requires that a claim was not already litigated and relies on a new constitutional rule made retroactive that was previously unavailable.

Facts:
Phillips was convicted in Virginia in 2001 of rape, abduction, and related charges. He was 17 years old and sentenced to four terms of life imprisonment.
Phillips appealed, but his convictions and sentences were affirmed.
In 2013, Phillips filed for a writ of habeas corpus claiming that sentencing a juvenile to life without parole was a violation of the 8th Amendment.
This application was dismissed for failure to meet time requirements.
In 2015, Phillips filed a second application.

Held: This application “failed to make the necessary prima facie showing that his successive habeas application would present a claim that was not “presented” in his first, his motion for leave to file a successive application must be denied.”