This is the twenty-fourth
issue of the Federal Habeas Corpus
Update. The Update
is intended to serve as a guide to various procedural trends
and issues commonly arising
in federal habeas corpus cases, and to provide readers with information
regarding "new habeas" developments
arising from the
Antiterrorism and Effective Death Penalty Act of 1996. The case descriptions
are
intentionally succinct in order to enable the reader to quickly scan
the Update and find
decisions which may be helpful to their case or which
may be worth a
more detailed look. The Update is compiled by reviewing all federal habeas
corpus
cases pending in the Supreme Court and all
published (and available
unpublished) decisions by the federal courts of appeal and the federal
district courts. The review of
cases in the Update began
on January 1, 1994.
The structure of the Update is relatively
self-explanatory. Part I discusses habeas corpus and other potentially
relevant cases pending in or recently decided by the United States
Supreme Court. Part II contains case summaries on a variety of
procedural issues that frequently arise in habeas proceedings. Part III
provides coverage of various issues that have developed out of the AEDPA
as the federal courts continue to wrestle with its meaning and impact on
the pre-existing body of habeas jurisprudence. Part IV contains
summaries of all successful habeas cases. Finally, Part V is reserved
for other items of interest which do not fit comfortably into other
sections of the Update, but are nevertheless worthy of inclusion.
The authors of the Update welcome news of any
relevant unpublished decisions by the courts of appeals and district
courts, important cases or trends which may have been overlooked, and
any other suggestions regarding format, style or other ways in which we
can make Federal Habeas Corpus Update a more useful document to
attorneys representing petitioners in federal habeas corpus proceedings.
This information should be sent to Keir Weyble, who is largely
responsible for the production of the Update, at P.O. Box 11744,
Columbia, S.C. 29211 or via e-mail at keir@blumelaw.com.