Difference between revisions of "Right to Habeas Corpus"
From Criminal Defense Wiki
Jump to navigationJump to searchDdemetriou (talk | contribs) |
|||
Line 110: | Line 110: | ||
**(d) the right to an order of habeas corpus. | **(d) the right to an order of habeas corpus. | ||
+ | |||
+ | ===United States=== | ||
+ | |||
+ | |||
+ | |||
+ | The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant: | ||
+ | # a one-year statute of limitations | ||
+ | # dramatic increase in the federal judiciary's deference to decisions previously made in state court proceedings either on direct appeal from the conviction and sentence, or in a state court habeas corpus action and the associated second round of state appeal (both of which, in the usual case, occur before a federal habeas petition is filed). | ||
== Rights of the accused == | == Rights of the accused == |