Still Alive

I apologize for the lack of posting, it has been a busy last few days. There has been no lack of habeas action in the circuits, thats for sure! For now, I just wanted to bring up two developments in the legislative branch relating to habeas corpus and AEDPA.

First, the Department of Justice has published their opt-in regulations for the states to provide adequate counsel for post-conviction appeals. The proposed regulations are here. Commentary is here. If states do opt-in, with the shorter statute of limitations that entails for capital habeas cases, equitable tolling jurisprudence will become much more interesting and relevant.

Second, the Habeas Corpus Restoration Act (bill here) has made it through the judiciary committee. Commentary here.