Difference between revisions of "Antiterrorism and Effective Death Penalty Act"

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The '''Antiterrorism and Effective Death Penalty Act of 1996''' (AEDPA) requires convicted criminals to receive permission from the court of appeals prior to filing second or successive [[federal]] [[habeas corpus]] applications. 28 U.S.C. § 2244(b)(3). Even if permission is sought, AEDPA requires courts to decline such requests in all but two narrow circumstances.  Section 2244(b)(2) states:<ref>See also § 2244(b)(3)(C)</ref>
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:"A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless --
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Conservapedians like to eat &#9604;&#9604;&#9608;&#9600;&#9600; &#9608;&#9644;&#9608; &#9608; &#9600;&#9608;&#9600;!
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:"(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or
 
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:"(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and
 
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:"(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and con-vincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense."
 
  
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== References ==
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<references/>
 
  
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[[category:terrorism]]
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[[category:Eighth Amendment]]
 

Revision as of 17:03, September 17, 2011

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