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Authors

Brian E. Moore

Abstract

This comment addresses the issue of whether the one-year statute of limitations should control a petition filed after the effective date of the AEDPA but based on a conviction which became final more that one year prior to the effective date of the act. By analyzing both the minority and majority approaches, this comment demonstrates that the minority has misapplied the recent Supreme Court opinion in Landgraf v. USI Film Products. Furthermore, the purpose of this comment is to suggest the correct framework for determining the proper temporal reach of this statute.

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