The article discusses the debate on recognizing the innocence exception to the statute of limitations for original petitions for habeas corpus as provided in the Anti-terrorism and Effective Penalty Act of 1996 (AEDPA). Those who oppose cite the need for judicial economy and the absence of congressional intent. The author stresses the primordial concern of protecting the innocent and preventing miscarriage of justice as upheld by the history of habeas corpus and Supreme Court jurisprudence.
Is Innocence Irrelevant to AEDPA's Statute of Limitations - Avoiding a Miscarriage of Justice in Federal Habeas Corpus,
Vill. L. Rev.
Available at: https://digitalcommons.law.villanova.edu/vlr/vol56/iss1/4