Proctor v. Cockrell

W. EUGENE DAVIS, Circuit Judge:

Aaron Proctor and Jonathon Lemell appeal from the district court’s denial of their petitions for writs of habeas corpus under 28 U.S.C. § 2254. Petitioners argue that the Texas Court of Criminal Appeals’ retroactive application of a new judicial interpretation of Texas law shifting the burden of proof to the defendant to establish the statute of limitations as a defense violates the Due Process Clause of the Fourteenth Amendment. Under the standard of review provided in the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), which governs this case,…