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Try CasePortal for FreeJ. Smith denies defendant's motion for habeas relief in a matter in which she was convicted of wire fraud and aggravated identity theft. Defendant claims that her habeas counsel provided ineffective assistance by failing to raise various grounds for relief in her first motion. This claim could not have been adjudicated on the merits of her first motion, therefore it was not a second or successive motion. The matter is remanded to the district court to consider it in the first instance.
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