Thursday, March 28, 2024
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Tags Statute of limitations on petitions for a writ of habeas filed by state prisoners

Tag: statute of limitations on petitions for a writ of habeas filed by state prisoners

DeWayne Ewing and the abomination of the Antiterrorism and Effective Death...

In 2017, Federal District Court Judge Charles Breyer denied the habeas appeal of DeWayne Ewing, an innocent man, based on the timeliness of his appeal rather than on the facts of the case, because of the Antiterrorism and Effective Death Penalty Act (AEDPA), passed in 1996 – the Senate voted 91-8 – and signed by Bill Clinton. Part of the way Congress tried to make the death penalty “more effective” was to limit the ability of prisoners to appeal, especially to have multiple appeals.