Federal Habeas Corpus Update  

This is the twenty-eighth 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is compiled by reviewing all federal habeas corpus cases pending in the Supreme Court and all published (and available unpublished) decisions by the federal courts of appeal and the federal district courts.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The authors of the Update welcome news of any relevant unpublished decisions by the courts of appeals and district courts, important cases or trends which may have been overlooked, and any other suggestions regarding format,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 keir@blumelaw.com.  

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