Fairness in Habeas Petition Filings for Pro Se Prisoners: The Propriety of the Eighth Circuit's Holding in Nichols v. Bowersox
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Authors
Kelderman, Eric D.
Issue Date
2000
Volume
33
Issue
2
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Before 1996, no statutorily prescribed statute of limitations was in effect in regard to the filing of habeas corpus petitions in federal courts. Since no statutory limitation period existed, there was no reason to determine the exact moment that filing occurred. Pro se litigants, therefore, did not need to have special rules in effect for their benefit because they suffered no disadvantage due to their status as pro se inmates. However, on April 24, 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act ("AEDPA"), which amended 28 U.S.C. Section, Section 2244, 2254, and 2255. The AEDPA places a one-year statute of limitations on the filing of petitions for writ of habeas corpus and the filing of motions attacking sentence under the statute's purview. The one-year statute of limitations, under the AEDPA, begins to run at the latest of four...
Description
Citation
33 Creighton L. Rev. 359 (1999-2000)
Publisher
Creighton University School of Law