Habeas Corpus in The United States - Antiterrorism and Effective Death Penalty Act

Antiterrorism and Effective Death Penalty Act

In 1996, following the Oklahoma City bombing, Congress passed (91–8–1 in the Senate, 293–133–7 in the House) and President Clinton signed into law the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA was intended to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes." The AEDPA introduced one of the few limitations on habeas corpus. For the first time, its Section 101 set a statute of limitations of one year following conviction for prisoners to seek the writ. The Act limits the power of federal judges to grant relief unless the state court's adjudication of the claim has resulted in a decision that

  1. Is contrary to, or has involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or
  2. Has resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding.

It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required first to secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out.

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