AEDPA Related Insights & Resources

Nov 12  Written By Ronald Chapman II If a federal judge sees credible evidence that someone may be innocent—or that Congress itself now says his sentence is way too long—should the judge be allowed to take that into account when deciding compassionate release? On Wednesday, the Supreme Court will hear Fernandez...

In Jones v. Hendrix the Supreme Court barred the use of a 2241 petition to avoid the prohibition on successive 2255 petitions where there was a subsequent change in statutory interpretation. This causes a major hurdle for defendants where there is a subsequent change in the law post conviction and...

In Shinn v. Ramirez the Supreme Court led by Justice Thomas held that a state court defendant is barred from access to federal courts if his state court claim is procedurally barred even where his counsel is ineffective. A salty dissent pointed out that innocent people will be imprisoned or...