The following excerpt is from Calderon v. US DIST COURT FOR CENTRAL DIST OF CAL, 128 F.3d 1283 (9th Cir. 1997):
Prior to AEDPA's enactment, state prisoners had almost unfettered discretion in deciding when to file a federal habeas petition.1 Even delays of more than a decade did not necessarily bar a prisoner from seeking relief. E.g., Lonchar v. Thomas, ___ U.S. ___, ___, 116 S.Ct. 1293, 1295, 134 L.Ed.2d 440 (1996). AEDPA dramatically changed this landscape, shortening the time for filing a federal habeas petition to one year. Section 101 of AEDPA amended 28 U.S.C. 2244 by adding the following provision:
28 U.S.C. 2244(d).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.