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- Title
CODIFYING INNOCENCE: A MODEST STEP TOWARD REFORM.
- Authors
Calabrese, J. Philip
- Abstract
The article suggests an amendment to the U.S. Antiterrorism and Effective Death Penalty Act of 1996 in cases where a habeas claimant advances a colorable claim of actual innocence. It mentions the law prevent a prisoner who asserts such a colorable innocence claim from obtaining appellate review of the denial of relief, and suggests that a prisoner in such circumstances should not be required to obtain a certificate of applicability in order to get appellate review.
- Subjects
ANTITERRORISM &; Effective Death Penalty Act of 1996 (U.S.); LEGISLATIVE amendments; HABEAS corpus; ACTUAL innocence; APPELLATE courts
- Publication
Case Western Reserve Law Review, 2022, Vol 72, Issue 3, p745
- ISSN
0008-7262
- Publication type
Article