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A Dark Day for Habeas Corpus: Successive Petitions under the Anti–Terrorism and Effective Death Penalty Act of 1996

Abstract

This Note examines amendments to the federal habeas corpus statutes through the Anti-Terrorism and Effective Death Penalty Act of 1996, in particular focusing on the effect of the amendments on successive petitions brought by federal and state prisoners. Although the 1996 amendments were purportedly intended to curb "abuse of the writ" by limiting repeated meritless petitions, they in reality do much more: they effectively deny prisoners the right to bring some types of claims altogether.

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40 Ariz. L. Rev. 1115 (1998)

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Authors

Deborah L. Stahlkopf (University of Arizona)

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