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A Short History of Habeas, AEDPA, and the Debate A.
Although the case law predates AEDPA, the dangers posed by, and the need for protection from, ghostwritten opinions in habeas cases are still present post-AEDPA.
"As part of AEDPA, however, Congress adopted a one-year statute of limitations for the filing of fully-exhausted claims in a federal habeas petition and did not provide for the tolling of the limitations period while a habeas petition was pending in federal court.
(40) The legislative history of AEDPA suggests, however, that Congress was attentive to the interests of victims of terrorism to the exclusion of considering the possible deleterious effects of the terrorism exception on foreign policy.
A direct appeal of a state conviction is part of the criminal case; federal habeas corpus cases are civil cases that collaterally challenge the criminal conviction.) This is particularly important where the issue is whether the federal court of appeals violated AEDPA when it held that a state court unreasonably applied clearly established law.
Following the 1993 attack on the World Trade Center and the 1995 bombing of the Murrah Federal Building in Oklahoma City, AEDPA was passed by Congress and signed into law by President Clinton.
Congress restricted the once extensive Writ of Habeas Corpus through the AEDPA by imposing a statute of limitations "with a complexity that ensured most defendants would not be able to comply with the limit....
To give an example of how some of the AEDPA tolling provisions work: the AEDPA's yearlong statute of limitations will toll while "a properly filed application for state post-conviction or other collateral review with respect to the pertinent judgment or claim is pending" before a state court.
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