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- Title
SHOULD SECOND CHANCES BE TIED TO PLACE OF CONFINEMENT? AN ANALYSIS OF SUCCESSIVE HABEAS PETITIONS AFTER WHEELER AND HUESO.
- Authors
LUZADDER, JOE
- Abstract
There is a well-documented tension in the legal system between the finality of a judicial decision and a prisoner's right to appeal their allegedly faulty sentence. A recent circuit split between the Fourth and Sixth Circuits highlights this tension, as the circuits are split on a narrow issue involving federal prisoners' right to successive petitions for habeas corpus. Specifically, the circuits are split as to whether a new ruling of statutory law by a circuit court is sufficient to trigger the § 2255(e) savings clause and allow federal prisoners a second chance to petition for habeas corpus after their initial § 2255 appeal has failed. This Note supports the Fourth Circuit's interpretation of § 2255(e)'s savings clause and argues for Congress to take legislative action to remedy this split and simplify the postconviction appeals process.
- Subjects
PRISONERS; JUSTICE administration; JUDICIAL process; HABEAS corpus; POSTCONVICTION remedies
- Publication
University of Illinois Law Review, 2022, Vol 2022, Issue 4, p1575
- ISSN
0276-9948
- Publication type
Article