[Download] "Lucidore v. New York State Division of Parole" by Second Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Lucidore v. New York State Division of Parole
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 06, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Petitioner appeals from a judgment entered by the United States District Court for the Southern District of New York (Andrew J. Peck, Magistrate Judge) on August 3, 1999, dismissing his petition for a writ of habeas corpus as untimely, but granting a certificate of appealability. We hold that: (1) the certificate of appealability granted in this case is valid; and (2) the one-year statute of limitations prescribed by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2244(d), does not violate the Suspension Clause of the Constitution, U.S. Const. art. I, § 9, cl. 2. Because petitioner cannot demonstrate that he is actually innocent, we do not reach the question of whether AEDPAs one-year statute of limitations must be read, by implication, to include an exception for petitioners who are actually innocent.