AEDPA

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In 1996, Congress passed the Antiterrorism and Effective Death Penalty Act (“AEDPA”). See Humanitarian Law Project v. Mukasey, 552 F.3d 916, 920 (9th Cir. 2009). The AEDPA permits the Secretary of State to designate an organization as a “foreign...

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In 1996, Congress passed the Antiterrorism and Effective Death Penalty Act (“AEDPA”). See Humanitarian Law Project v. Mukasey, 552 F.3d 916, 920 (9th Cir. 2009). The AEDPA permits the Secretary of State to designate an organization as a “foreign...

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Because the underlying cases are unpublished, the following facts are taken from the parties’ briefs. On November 12, 1991, Carlos Jimenez pleaded guilty in a Texas trial court to felony burglary and “true” to an enhanced sentence due to a prior felony...

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In October 1993, Petitioner Tara Williams, drove two friends to various stores in preparation for a robbery that they had planned to commit that evening. See Williams v. Cavazos, 646 F.3d 626, 631 (9th Cir. 2011). At one of the stops, one of Williams’...

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Kenneth Clair was sentenced to death in 1987 for the murder of Linda Rodgers. See People v. Clair, 2 Cal.4th 629, 645 (Cal. 1992). The Supreme Court of California affirmed Clair’s death sentence in 1992. See id. at 646. Clair commenced federal habeas...

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[Questions Presented] [Issues] [Facts] [Discussion] [Analysis] Issue(s)

Does the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) implicitly contain an actual-innocence exception (1) to the requirement that petitioners show that an...

(LIIBULLETIN preview (pre-2014))
Facts

In April of 1993, Lancaster shot and killed his girlfriend, Toni King, in a parking lot outside of a Michigan shopping mall. Lancaster v. Metrish, 683 F.3d 740, 742 (6th Cir. 2012). For these acts, the state of Michigan charged Lancaster and tried...

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Reginald Lett was convicted for the shooting death of Adesoji Latona at a liquor store in Detroit, Michigan on August 29, 1996. See Lett v. Renico, 507 F.Supp.2d 777, 779 (E.D. Mich. 2007). Latona was a taxicab driver who was confronted by Lett and two...

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Ernest Valencia Gonzales was charged with murder in 1990, and was tried in the Superior Court of Maricopa County, Arizona. His first trial resulted in a hung jury. See Gonzales v. Schriro 617 F.Supp.2d 849, 856 (D. Ari 2008). Upon retrial, the jury...

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Sean Carter was convicted of aggravated murder, aggravated robbery, and rape and sentenced to death in Ohio. Carter v. Bradshaw, 583 F. Supp. 2d 872, 873 (N.D. Ohio 2008). When Carter refused to discuss a possible appeal, Carter’s counsel worried that...

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