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Constitutional Law Criminal Law Litigation

Second Circuit Finally Allows Actual Innocence to Extend Habeas Corpus Statute of Limitation

For years, since Congress passed the draconian and rigid Antiterrorism and Effective Death Penalty Act (AEDPA) in the wake of the first WTC bombing and the Oklahoma City attack, Federal appeals courts have not seen fit to extend the Act’s harsh one year statute of limitations on habeas corpus appeals, even in cases of actual […]

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Litigation

Reversal of 33 Year Sentence Shows Danger of Ineffective Lawyering and Federal System

Too many articles have been written about the harsh, unforgiving Federal sentencing system for me to chime in at this point. But a recent decision in the case US v. Harris by Judge Joanna Seybert shows how fragile the future of those accused of federal crimes can be due to the system. The defendant Elvin […]