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- Title
AUDITA QUERELA AND THE LIMITS OF FEDERAL NONRETROACTIVITY.
- Authors
FOUNTAIN, CALEB J.
- Abstract
The article explores explore the limits of nonretroactivity in the U.S. regarding the writ of audita querela specifically in the context of postconviction resentencing litigation. Topics discussed include sources of controversy over audita querela in the courts, need of doctrine supporting the use of the writ, and seminal case affording postconviction relief ancillary to habeas.
- Subjects
UNITED States; LEGAL status of prisoners; RETROACTIVE judicial decisions; RETROACTIVE laws; CRIMINAL procedure; HABEAS corpus; POSTCONVICTION remedies
- Publication
New York University Annual Survey of American Law, 2014, Vol 70, Issue 2, p203
- ISSN
0066-4413
- Publication type
Article