Author Question: What are some of the ways the AEDPA places restrictions on habeas corpus? What will be an ideal ... (Read 15 times)

renzo156

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What are some of the ways the AEDPA places restrictions on habeas corpus?
 
  What will be an ideal response?

Question 2

Fraud is more likely to occur when someone feels ________ to commit fraud.
 
  Fill in the blank(s) with correct word



katara

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Answer to Question 1

The first change to habeas corpus procedure resulting from the AEDPA is that review is permitted only when the state-level decision. Second, the AEDPA alters habeas review in capital cases (cases in which the accused is on death row). The AEDPA also places restrictions on filing successive habeas corpus petitions. It states that a claim presented in a second or successive habeas corpus application shall be dismissed (28 U.S.C. Section 22441). The AEDPA further restricts filing successive petitions that raise different claims.
Next, the AEDPA imposes strict filing deadlines for habeas corpus petitions. Namely, most habeas corpus petitions must be filed within one year from the date of the final state-level appellate judgment. Another AEDPA restriction on habeas corpus, though certainly not the last, addresses the habeas court's ability to engage in independent fact-finding. The legislation prohibits a habeas court from holding hearings to determine questions of fact unless the petitioner can make a showing of why such a review is necessary.


Answer to Question 2

pressure



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