The Successive Federal Habeas Petition: Laying the Groundwork in State Court and Litigating in Federal Court

Location: Augusta GH
Date: Fri, April 12
Time: 3:45 PM - 5:00 PM

By the time an innocence organization takes a case, the client has often already filed and lost one or more federal habeas petitions. Given the strict Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) ban on successive habeas petitions, how can the innocence organization litigate the case so as to get a federal judge to consider the new evidence? This session is designed for advanced litigators working on cases in which a prior habeas petition had been filed. The presenters will discuss how to litigate new evidence in state court so as to maximize the chances that the federal courts will permit a successive habeas petition be heard. They will also explain in detail the procedural requirements that must be satisfied before the federal courts will accept a successive petition and the standard that must be met to obtain relief on the merits.

Freeman Motion for Leave to File Successive Habeas

Freeman Opinion Granting Leave to File Second Habeas

Freeman Successive Habeas Brief In Support

Freeman Successive Petition for Writ of Habeas Corpus

Titus Memorandum of Law in Support of Successive Petition for Writ of Habeas Corpus

Titus Motion for Leave to File Successive Habeas Petition

Titus Order Granting Leave to File Successive Habeas Petition

Titus Successive Petition for Writ of Habeas Corpus