1.   Further, because the habeas petitioner generally bears the burden of proof, delay is apt to disadvantage the petitioner more than the State.

2.   In my view, Peyton ought to be construed as limited to situations in which a habeas petitioner challenges a yet unexpired sentence.

3.   Like the habeas petitioners in Peyton, petitioner Harvey Garlotte is incarcerated under consecutive sentences.

4.   The act requires a habeas petitioner to obtain leave from the court of appeals before filing a second habeas petition in the district court.

5.   The act also codifies some of the pre-existing limits on successive petitions, and further restricts the availability of relief to habeas petitioners.

6.   The habeas petitioners in Peyton sought to present challenges that, if successful, would advance their release dates.

7.   The habeas petitioner comes to federal court as a plaintiff.

8.   The standard for judging harmlessness in habeas cases certainly does not turn on the innocence of the habeas petitioner.

9.   Unlike the habeas petitioner in Maleng, Garlotte is serving consecutive sentences.