Talk:Antiterrorism and Effective Death Penalty Act of 1996

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[edit] Habeas Corpus

I reverted. Habeas corpus is not the means to "relitigate" whether one's conviction or sentence was obtained in violation of the United States Constitution. It is to test it in the first instance. There has been no litigation on the subject before habeas proceedings are commeneced. A habeas corpus proceeding is not an appeal. It is a separate lawsuit, civil in nature, filed against the person confining the convicted person on the basis that the confinement is illegal. Extra-record evidence (i.e., evidence beyond what is contained in the record of the trial) may be introduced to prove the allegations. Unended 07:24, 27 May 2006 (UTC)

That's not completely true (though it's not completely false, either). To file a federal habeas petition challenging state confinement due to a criminal conviction, you have to have exhausted your remedies in state court, i.e. brought the constitutional claims already to the highest state court and had them rejected there. Doctawojo 14:04, 27 March 2007 (UTC)

[edit] Footnotes Are Driving Me Nuts

Please, someone, fix the footnotes. I don't know how. ---Axios023 05:10, 29 August 2006 (UTC)

[edit] Also

AEDPA had an impact outside of habeas law. If memory serves, it also enacted a change to immigration law (along with the IIRIRA). Maybe someone could add something about that. ---Axios023 05:31, 29 August 2006 (UTC)

As a law student currently engaged in federal habeas work, I can say that this page needs substantial revision and could benefit from a generous expansion.