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Old 12-03-2013, 05:42 PM
LawField2051 LawField2051 is offline

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Default Federal Habeas Corpus under the AEDPA

The AEDPA (Anti-terrorism Effective Death Penalty Act) requires that federal habeas corpus petitions be filed within one year of the date a conviction becomes final on appeal or the time within which to file for certiorari expires. The law books are full of cases holding that inmates challenging their convictions under 28 USC 2254 or 2255 are barred from federal court consideration of their petitions due to untimely filings.

A very recent decision from the 11th Circuit Court of Appeals in Kearse v. Secretary is attached to better explain the stringent filing deadlines and the few exceptions thereto.
Attached Files
File Type: pdf Kearse v. Secretary.pdf (51.6 KB, 2 views)
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