Antiterrorism and Effective Death Penalty Act Archives

2 Jun 2020 |

SCOTUS Opinion: Motion to Amend Judgment in Habeas Proceeding is Not a Separate Habeas Petition

After Gregory Banister was sentenced to 30 years in prison in Texas state court, and after he had exhausted his appeals in the Texas courts, he filed a petition for habeas relief under the Antiterrorism and Effective Death Penalty Act of 1996, arguing, among other things, ineffective assistance of counsel. The district court denied the petition. Banister then filed a ... Read More

TAGGED: scotus, Habeas, Antiterrorism and Effective Death Penalty Act, Banister v. Davis, Rule 60(b)

8 Jan 2019 |

Subsequent SCOTUS Decisions Are Not “Clearly Established Law” For Habeas Petitions

After being convicted by Ohio’s state courts for murder and sentenced to death in 1986, Danny Hill challenged the judgment on the basis that the Eighth Amendment prohibits someone who is “mentally retarded” from receiving a death sentence, as established in Atkins v. Virginia, 536 U.S. 304 (2002). When that failed in the state courts, he filed a federal ... Read More

TAGGED: Clearly Established Law, Habeas, Eighth Amendment, mentally retarded, Atkins v. Virginia, Moore v. Texas, Antiterrorism and Effective Death Penalty Act, Shoop v. Hill