Jurisdiction and Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied
This Essay is about what prosecutors can do to ensure that prisoners with meritorious legal claims have a remedy. The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes draconian conditions on when prisoners may file successive petitions for post-conviction review (that is, more than one petition for post-conviction review). AEDPA’s restrictions on post-conviction review are so severe that they routinely prevent prisoners with meritorious claims from vindicating those claims.
Litman, Leah and Luke C. Beasley. "Jurisdiction and Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied." Cornell Law Review 101 (2016): 91-113.
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Work published prior to Prof. Litman joining the MLaw faculty.