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Appellate Practice

Feb. 24, 2010

Death Penalty Appeals Riddled With Delay

Practitioner Andrew Love says limitations on federal review have done nothing to cure the delay in adjudicating death penalty cases.

By Andrew Love

In 1996, in the wake of the Oklahoma City bombing, the Anti-Terrorism and Effective Death Penalty Act (AEDPA) became law. The Act's primary target was the perceived delay in death penalty appeals. Experience has shown in the 15 years since its enactment, however, that AEDPA has not created a more expeditious death penalty process, and many of its complex and confusing provisions actually have caused more, not less, delay due to litigation over their meaning...

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