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eBook details

• Title: Hepburn v. Moore
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 19, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Appellant John T. Hepburn filed a pro se 28 U.S.C. § 2254 habeas corpus petition alleging his Sixth and Fourteenth Amendment rights were violated when he was denied counsel during re-sentencing on state burglary and assault charges. The district court dismissed his petition, finding it was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214 (1996). We conclude the district court erred in determining Appellants challenge to his resentencing hearing was barred by the AEDPAs statute of limitations. We therefore vacate and remand.

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