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Line 1: − 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>+ − :"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 --+ − :"(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 − :"(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and − :"(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." − == References ==+ − <references/> − [[category:terrorism]]+ − [[category:Eighth Amendment]]
Antiterrorism and Effective Death Penalty Act (view source)
Revision as of 17:03, September 17, 2011
, 17:03, September 17, 2011no edit summary
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