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25 Years of the AEDPA: Where do We Stand?
Loaded on June 1, 2021
by Dale Chappell
published in Prison Legal News
June, 2021, page 14
Filed under:
AEDPA.
Location:
United States of America.
by Dale Chappell
It’s no secret that the Antiterrorism and Effective Death Penalty Act (AEDPA) has neither sped up the death penalty nor prevented terrorism. What continues to surprise many is that this much-criticized law has somehow survived, despite countless judges recounting their frustration with it. Indeed, it …
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More from this issue:
- The 10 Worst Sheriffs in America, by Nicole Audrey Spector
- From the Editor, by Paul Wright
- Auditor Slams California ICE Facility That Released Detainees With COVID-19, by Edward Lyon
- Sen. Warren Investigation Exposes Broken Prison Accreditation System, by Jayson Hawkins
- Kentucky Consolidated Local Government Entitled to Sovereign Immunity, by David Reutter
- 25 Years of the AEDPA: Where do We Stand?, by Dale Chappell
- Prisoners Released Without COVID Tests Face Difficult Reentry, by Jayson Hawkins
- Pandemic Medical Update, by Michael D. Cohen, MD
- Former Georgia Sheriff Deputies Denied Immunity in Criminal Case for Taser Death of Unarmed Man, by David Reutter
- Law Passes Requiring Parents in New York Prisons to be Housed Close to Their Children, by Kevin Bliss
- Mentally Ill Alabama Prisoner Dies in 101-Degree Cell, by Edward Lyon
- Trump Pardons Highlight System’s Flaws, by Jayson Hawkins
- Prioritizing Incarcerated People for Vaccine Quickly Reduced COVID in IL Prisons, by Brian Dolinar
- Massachusetts Medical Parole Cases and COVID-19 Prisoner Deaths, by Edward Lyon
- Class Action Lawsuit Over COVID at Chesapeake, MD Jail Reaches Settlement, by David Reutter
- DOJ: Florida Women’s Prison Subjects Prisoners to Unconstitutional Risk of Sexual Abuse, by Kevin Bliss, David Reutter
- New Hampshire Prisoner Sues to Enforce Conditions of Consent Decree, by David Reutter
- Connecticut Supermax Closing After Lawsuit Filed Seeking to Reduce Use of Solitary, by Anthony Accurso
- Court Orders In-Person Inspection of Michigan Facility to Determine COVID-19 Policy Compliance, by David Reutter
- Inspection Reports Reveal Filthy Conditions In Arizona Prison Kitchens, by Jimmy Jenkins
- Prison Overcrowding Continues During COVID-19 Pandemic, by Edward Lyon
- NY Prisoner Entitled to Release Upon Reaching Conditional Release Date, by David Reutter
- Kentucky Leases Closed Private Prison to Use as State Facility, by Edward Lyon
- Prisoners Find Their Voice in Minnesota Prison Writing Workshop, by Edward Lyon
- Texas Republican Representative Proposes Renaming Prisons With Names Honoring Enslavers, Oppressors and Convict Leasers, by Matthew Clarke
- Draconian Use of Solitary Confinement in North Carolina, by Keith Sanders
- Inspector General Calls California Prison Reform Efforts a $10 Million Failure, by Matthew Clarke
- New Jersey Man Dies Soon After Exonerated of Sex Offense, by Edward Lyon
- Sixth Circuit Refuses to Extend Bivens to BOP Prisoner’s First Amendment Claims, by Mark Wilson
- Activism and Art Team Up to Abolish Mass Incarceration, by Keith Sanders
- Connecticut Prisoner Population Lowest in Over Three Decades Due to Coronavirus, by Douglas Ankney
- DWN Report Shows ICE Facilities Were Community Superspreaders of COVID-19, by Matthew Clarke
- State Prison System Takes Over County Jail, by Edward Lyon
- PA Lawsuit Claims Allegheny County Jail Sergeant Brutalized Disabled Women, by David Reutter
- GEO Group Puts Money, Lobbyist into Defeating Bill to Prohibit Private Prisons in Virginia, by David Reutter
- Six Howard County, Indiana Jail Guards Fired Over Sexual Assaults and Harassment of Prisoners, by Michael Fortino, Ph.D
- Guard Commits Suicide Amidst Allegations in Federal Prison, by Jayson Hawkins
- Fourth Circuit Holds Immigrant Children’s Mental Health Care Should Be Up to Professional Standards, by David Reutter
- Federal Agencies Rack Up Nearly One Thousand Arrest-Related or In-Custody Deaths in Two Years, DOJ Report Finds, by David Reutter
- Pew Study Shows Crime Falls but Spending on Jails Soar, by David Reutter
- State Auditor Report Critical of Texas Prison Agribusiness, by Matthew Clarke
- Amending the 13th Amendment, by Edward Lyon
- Auditor Appalled at Lack of Spending Controls in Mississippi Prison System, by David Reutter
- Washington Gives Right to Vote to 20,000 People Previously Incarcerated, by Juliette LaMarr
- Pushing Back on Prison Labor, by Lilah Burke
- Fourth Circuit Holds Deaf Federal Civilly Committed Sex Offender Has First Amendment Right of Access to Point-to-Point Videocalls in BOP Prison, by Matthew Clarke
- Ninth Circuit Reverses Dismissal of Lawsuit in Prisoner Overdose at San Diego Jail, by Matthew Clarke
- Microsoft Invests in Digital Incarceration, by Jayson Hawkins
- Resources for Understanding Today’s Prison System, by Kevin Bliss
- NC Prisoner Survives Summary Judgment for Two Excessive Force Claims, by David Reutter
- Staff Shortages in Georgia Prisons Reach Crisis Levels, by Keith Sanders
- Colorado Grants COVID-19-Related Clemencies, by Edward Lyon
- U.S. DOJ Statistics on Race and Ethnicity of Violent Crime Perpetrators, by Matthew Clarke
- News in Brief
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025. AEDPA, Denial of Due Process.
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025. AEDPA, Collateral Order Exception.
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025. AEDPA, Procedural Reasonableness, Reasonableness of Sentence.

