Wednesday, November 24, 2010

AEDPA applies to newly discovered facts, not change in law

United States v. Anderson, No. 3:05-179-CMC, 2010 WL 4721135 (D.S.C. Nov. 15, 2010):

Defendant sought to vacate his conviction on the basis that new case law invalidates his sentence.  He sought to do so pursuant to § 2255(f)(4), which provides that AEDPA's statute of limitations runs from "the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence." This provision applies only to newly discovered facts or evidence, not a change in law.

Moreover, a second or successive § 2255 motion requires permission from the appropriate United States Court of Appeals prior to filing in the District Court. This requirement is jurisdictional.  Defendant's failure to obtain such certification is fatal to his action in the District Court.

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