Mitchell v. McCaughtry

DECISION AND ORDER

ADELMAN, District Judge.

Animated by the concern that multiple collateral attacks on state criminal convictions commenced long after trial harmed the states’ interest in finality, Congress enacted the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). ADEPA established a one year statute of limitations on applications for habeas corpus relief by state prisoners, 28 U.S.C. § 2244(d); and, subject to certain narrow exceptions, a limit of one application per conviction, 28 U.S.C. § 2244(b)(2). Thus, for the most part, state prisoners are now afforded only one…