AEDPA

(Wex page)

Major mid-1990s reform of habeas corpus as used to challenge criminal convictions.  Among other provisions, the law limits both the procedural and substantive scope of the writ.  Procedurally, it bans successive petitions by the same person,...

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On October 29, 1999 in Winchester, Virginia, Sergeant Ricky Timbrook and two probation officers encountered Petitioner Edward Bell and another man while searching for a wanted parolee. See Bell v. Kelly, No. 06-22 at 10 (4th...

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Bell v. Kelly (07-1223)

Oral argument: Nov. 12, 2008

Appealed from: United States Court of Appeals, Fourth Circuit (Jan. 4, 2008)

HABEAS CORPUS, ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT (“AEDPA”), §2254...
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In 1992, Respondent Michael Bies was convicted of the kidnapping, murder, and attempted rape of a ten-year-old boy. See Bies v. Bagley, 519 F.3d 324, 327 (2008). Bies admitted to participating in the murder with the...

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Oral argument: Apr. 27, 2009

Appealed from: United States Court of Appeals, Sixth Circuit (Mar. 11, 2008)

DEATH PENALTY, DOUBLE JEOPARDY, ANTI-TERRORISM AND EFFECTIVE DEATH PENALTY ACT, MENTAL RETARDATION AND DEATH PENALTY

Respondent...

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This case arises from Kevan Brumfield’s 1993 conviction for the murder of a Baton Rouge police officer and an attempted armed robbery. See Brumfield v. Cain, 854 F. Supp. 2d 366, 371 (M.D. La. 2012). On January 5, 1993, Brumfield and an associate went...

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Facts

Respondent Vonlee Titlow is a transgender male prisoner currently serving a twenty-to-forty year sentence.  See Titlow v. Burt,680 F.3d 577, 582 (6th Cir. 2012). A Michigan state court jury convicted Titlow of second-degree murder for...

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On July 29, 1991, a jury in Sacramento County Superior Court convicted Reginald Chavis of attempted murder and sentenced him to life in prison with the possibility of parole. Chavis v. LeMarque, 382 F.3d 921, 923 (9th Cir. 2004). Chavis...

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Appealed from: United States Court of Appeals, Ninth Circuit

Oral argument: Nov. 9, 2005

Under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), state prisoners have one year to...

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In June 1995, Roberto Velasquez was murdered outside a Texas apartment building; his sister identified Petitioner Rafael Arriaza Gonzalez as the shooter. See Gonzalez v. Texas, No. 05-05-01140-CR (Tex.App. July 12, 2006). Texas...

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Oral argument: Nov. 2, 2011

Appealed from: United States Court of Appeals for the Fifth Circuit (Oct. 6, 2010)

Petitioner Rafael Arriaza Gonzalez alleged that his Sixth Amendment right to a speedy trial was violated when he was...

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In December 1993, three or four men robbed a North Philadelphia grocery store, stealing the cash register and killing the storeowner. See Greene v. Palakovich, 606 F.3d 85, 87–88 (3d Cir. 2010). A week later, police arrested...

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Oral argument: Oct. 11, 2011

Appealed from: United States Court of Appeals for the Third Circuit (May 28, 2010)

Petitioner Eric Greene was accused of participating in a grocery store robbery that left the storeowner dead. Greene argues...

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On December 19, 1995, Respondent Joshua Richter (“Richter”) and his co-worker Christian Branscombe (“Branscombe”) drove to Joshua Johnson’s (“Johnson”) home, to deliver money that Richter owed to his co-worker “Tony” and to buy marijuana from...

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Oral argument: Oct. 12, 2010

Appealed from: United States Court of Appeals for the Ninth Circuit (Aug. 10, 2009)

HABEAS CORPUS, EXPERT TESTIMONY, AEDPA

Joshua Richter, convicted of murder, alleged that he received inadequate...

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In 1996, a Florida state court convicted Albert Holland of first-degree murder, attempted first-degree murder, attempted sexual battery, and armed robbery, and subsequently sentenced Holland to death. See Holland v. Florida, 539 F.3d 1334,...

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Appealed from the United States Court of Appeals for the Ninth Circuit (Dec. 10, 2007)

Oral argument: Feb. 23, 2010

MATERIAL SUPPORT, TERRORIST ORGANIZATION, VAGUENESS, AEDPA, IRTPA

It is illegal to...

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In 1996, Congress passed the Antiterrorism and Effective Death Penalty Act (“AEDPA”). See Humanitarian Law Project v. Mukasey, 552 F.3d 916, 920 (9th Cir. 2009). The AEDPA permits the Secretary of State to designate an...

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In 1996, Congress passed the Antiterrorism and Effective Death Penalty Act (“AEDPA”). See Humanitarian Law Project v. Mukasey, 552 F.3d 916, 920 (9th Cir. 2009). The AEDPA permits the Secretary of State to designate an...

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Because the underlying cases are unpublished, the following facts are taken from the parties’ briefs. On November 12, 1991, Carlos Jimenez pleaded guilty in a Texas trial court to felony burglary and “true” to an enhanced sentence due to a prior felony...

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Oral argument: Nov. 4, 2008

Appealed from: United States Court of Appeals, Fifth Circuit (May 25, 2007)

CERTIORARI, HABEAS CORPUS, COMITY, FINALITY, DIRECT REVIEW, SIXTH AMENDMENT, REINSTATED APPEAL,...
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In October 1993, Petitioner Tara Williams, drove two friends to various stores in preparation for a robbery that they had planned to commit that evening. See Williams v. Cavazos, 646 F.3d 626, 631 (9th Cir. 2011). At one...

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[Question(s) presented] [Issue] [Facts] [Discussion] [Analysis] Issue

Whether an issue not addressed in a state court opinion has been “adjudicated on the merits” for the purposes of federal habeas corpus review when the state court gave a detailed...

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Kenneth Clair was sentenced to death in 1987 for the murder of Linda Rodgers. See People v. Clair, 2 Cal.4th 629, 645 (Cal. 1992). The Supreme Court of California affirmed Clair’s death sentence in 1992. See id. ...

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Oral argument: Dec. 6, 2011

Appealed from: United States Court of Appeals for the Ninth Circuit (Nov. 17, 2010)

In 1987, a California jury convicted Respondent Kenneth Clair of the murder of Linda Rodgers, sentencing him to death. Clair...

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[Questions Presented] [Issues] [Facts] [Discussion] [Analysis] Issue(s)

Does the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) implicitly contain an actual-innocence exception (1) to the requirement that petitioners show that an...

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Facts

In April of 1993, Lancaster shot and killed his girlfriend, Toni King, in a parking lot outside of a Michigan shopping mall. Lancaster v. Metrish, 683 F.3d 740, 742 (6th Cir. 2012). For these acts, the state of Michigan charged Lancaster and tried...

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Reginald Lett was convicted for the shooting death of Adesoji Latona at a liquor store in Detroit, Michigan on August 29, 1996. See Lett v. Renico, 507 F.Supp.2d 777, 779 (E.D. Mich. 2007). Latona was a taxicab driver who was...

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Appealed from the United States Court of Appeals for the Sixth Circuit (March 10, 2009)

Oral argument: March 29, 2010

AEDPA, DOUBLE JEOPARDY, HABEAS CORPUS, MISTRIAL, MANIFEST NECESSITY, FIFTH AMENDMENT...
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Ernest Valencia Gonzales was charged with murder in 1990, and was tried in the Superior Court of Maricopa County, Arizona. His first trial resulted in a hung jury. See Gonzales v. Schriro 617 F.Supp.2d 849, 856 (D. Ari 2008). ...

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 [Question presented]  [Issue]  [Facts]  [Discussion]  [Analysis] Issue

Does an indigent death-row inmate’s right to counsel in habeas proceedings include a right that the inmate is competent to assist counsel where such a...

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Sean Carter was convicted of aggravated murder, aggravated robbery, and rape and sentenced to death in Ohio. Carter v. Bradshaw, 583 F. Supp. 2d 872, 873 (N.D. Ohio 2008). When Carter refused to discuss a possible appeal, Carter’s counsel...

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[Questions Presented] [Issues] [Facts] [Discussion] [Analysis] Issues

Whether the Supreme Court's 1966 decision in Rees v. Peyton, in which a district court determined the mental competence of a death row prisoner in a habeas proceeding, guarantees...

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In 1994, respondent Cesar Sarausad and other 23rd Street Diablos gang members drove to a Seattle high school to confront a rival gang. See Sarausad v. Porter, 479 F.3d 672, 674 (9th Cir. 2007). Sarausad...

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Oral argument: Nov. 29, 2010

Appealed from: United States Court of Appeals for the First Circuit (Sept. 23, 2009)

CRIMINAL LAW, HABEAS CORPUS, ANTI-TERRORISM AND EFFECTIVE DEATH PENALTY ACT

In December 1993...

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Facts

A grand jury indicted Respondent Robert Keith Woodall for the murder, kidnapping, and rape of a sixteen-year-old female victim, and Woodall pled guilty in Kentucky state court to all of the charges and aggravating circumstances. See Woodall v. Com...

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