How have the courts interpreted the provisions of the AEDPA in the context of a motion for reconsideration?
The following excerpt is from Herbst v. Cook, 260 F.3d 1039 (9th Cir. 2001):
4. Herbst alleges that he did not have access to legal materials describing or setting forth the provisions of the AEDPA even through the preparation of his motion for reconsideration, and in the affidavit attached to the motion, he states that he only gained actual knowledge of the one-year limitations period in April, 1998. That alone may raise serious factual issues, which call for "appropriate development of the record." Whalem/ Hunt v. Early, 233 F.3d 1146, 1148-49 (9th Cir. 2000) (en banc).
4. Herbst alleges that he did not have access to legal materials describing or setting forth the provisions of the AEDPA even through the preparation of his motion for reconsideration, and in the affidavit attached to the motion, he states that he only gained actual knowledge of the one-year limitations period in April, 1998. That alone may raise serious factual issues, which call for "appropriate development of the record." Whalem/ Hunt v. Early, 233 F.3d 1146, 1148-49 (9th Cir. 2000) (en banc).
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