Jimmy Ray Pitsonbarger v. Richard Gramley

DIANE P. WOOD, Circuit Judge.

When we last considered Jimmy Ray Pitsonbarger’s petition for a writ of habeas corpus, we evaluated it in light of this court’s decision in Lindh v. Murphy, 96 F.3d 856 (7th Cir. 1996)(ere banc), in which we had concluded that the provisions of the Antiterrorism and Effective Death Penalty Act (AEDPA), Pub. L. No. 104-132, applied to petitions that were pending on the effective date of that law. The Supreme Court, however, did not agree with our analysis of AED-PA’s retroactivity; it held instead that the amendments that AEDPA made to 28 U.S.C. § 2254 do not apply…