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Antiterrorism and Effective Death Penalty Act 1996 - 28 USC 2244 Habeas Corpus Restrictions

Section 2244 of title 28 of the United States Code, as substantially amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA, Public…

What Antiterrorism and Effective Death Penalty Act 1996 - 28 USC 2244 Habeas Corpus Restrictions requires

Section 2244 of title 28 of the United States Code, as substantially amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA, Public Law 104-132, enacted 24 April 1996), imposes strict procedural limitations on federal habeas corpus relief for state prisoners and federal prisoners. Subsection (b)(1) requires that a claim presented in a second or successive habeas application under section 2254 that was presented in a prior application be dismissed. Subsection (b)(2) creates limited exceptions for new claims based on a new rule of constitutional law made retroactively applicable by the Supreme Court or on newly discovered facts with clear-and-convincing evidence of actual innocence. Subsection (b)(3)(A) establishes the gatekeeper requirement that any second or successive petition must obtain authorisation from a three-judge panel of the court of appeals before filing in district court, with the panel deciding within 30 days. Section 2244(d) imposes a one-year statute of limitations on habeas applications, tolled during state collateral review. Section 2253(c) requires a certificate of appealability before appellate review. AEDPA also substantially expanded federal criminal terrorism authorities, restricted alien terrorist activities, expanded the use of administrative subpoenas in terrorism investigations, and limited certain federal court authority. The AEDPA framework is the constitutional architecture of US post-conviction review and significantly affects federal court workload, prisoner litigation, and AI-supported legal research.

Pillar: Legal & IP Sovereignty · Authority: United States Congress (Office of the Law Revision Counsel) · Version: 1.0.0 · Last updated:

Primary source: https://www.govinfo.gov/link/uscode/28/2244

SHA-256 integrity: b10f9cdeea80dd762f50215f34825ecbcd5b89eab69491a5f1e2ef58957bf2dd

Primary Citations — 8 traced to source

  • 28 USC 2244 (Finality of determination, successive habeas applications) https://www.law.cornell.edu/uscode/text/28/2244
  • Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-132, enacted 24 April 1996

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