Legal Definitions - abuse-of-the-writ doctrine

The abuse-of-the-writ doctrine is a principle in criminal procedure that states a petition for a writ of habeas corpus cannot raise claims that should have been asserted in a previous petition.

For example, if a person files a petition for a writ of habeas corpus claiming that their sentence is unconstitutional, but they had previously filed a petition claiming ineffective assistance of counsel, the court may apply the abuse-of-the-writ doctrine and dismiss the new petition.

This doctrine is meant to prevent repetitive and frivolous petitions for writs of habeas corpus and to ensure that all claims are raised in a timely manner.