Federal Habeas Corpus for Trial Lawyers
73 J. Kan. Bar Ass'n 20, 2004
8 Pages Posted: 26 Mar 2013
Date Written: March 24, 2004
Abstract
On April 24, 1996, new federal legislation, the Antiterrorism and Effective Death Penalty Act (AEDPA), became law. The most significant provisions of AEDPA substantially changed the federal habeas corpus statutes controlling a state inmate's pursuit of post-conviction relief in federal courts. Under AEDPA, the burden of properly presenting and preserving federal constitutional issues for federal review falls squarely on trial and appellate counsel. This article is designed to provide the defense practitioner with the basic AEDPA knowledge necessary to effectively present a state client's federal constitutional claims and preserve them for federal review.
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