(DOWNLOAD) "Chasing Finality: Federal Collateral Relief (Twenty-Fourth Federalist Society Student Symposium, Law and Freedom) (Case Note)" by Harvard Journal of Law & Public Policy # eBook PDF Kindle ePub Free
eBook details
- Title: Chasing Finality: Federal Collateral Relief (Twenty-Fourth Federalist Society Student Symposium, Law and Freedom) (Case Note)
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 314 KB
Description
I. INTRODUCTION The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) provides the first statute of limitations on the filing of federal habeas corpus petitions by state defendants. (1) Persons in custody pursuant to a state court judgment must seek federal habeas relief within one year of the latest of four dates. (2) Most commonly, the statute of limitations runs from "the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review." (3) The statute of limitations tolls, however, for "[t]he time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending." (4) Last Term, the Supreme Court defined the term "properly filed," holding in Pace v. DiGuglielmo (5) that an untimely application for state collateral relief is never properly filed and cannot toll the federal habeas statute of limitations. (6)
 "Chasing Finality: Federal Collateral Relief (Twenty-Fourth Federalist Society Student Symposium, Law and Freedom) (Case Note)" by Harvard Journal of Law & Public Policy # eBook PDF Kindle ePub Free){kind=link}