In “odd” clash of statutory text and habeas precedent, three conservative justices seem undecided
SCOTUSBlog
DECEMBER 9, 2021
To recap the issue in the two cases: A 1996 statute, the Anti-Terrorism and Effective Death Penalty Act, bars federal courts from holding evidentiary hearings in habeas corpus cases if a prisoner “has failed to develop the factual basis of a claim in State court [post-conviction] proceedings.” The question raised in Shinn v.
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