Appealing Questionable Convictions after Jones v. Hendrix
Cato Podcast
Cato Institute
4.5 • 979 Ratings
🗓️ 26 June 2023
⏱️ 8 minutes
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| 0:00.0 | This is the Cato Daily Podcast for Monday, June 26, 2003. |
| 0:07.0 | I'm Caleb Brown. |
| 0:08.0 | What are the proper limits on your ability to challenge a conviction? |
| 0:12.0 | What if it's apparent that the government did not your ability to challenge a conviction. |
| 0:13.0 | What if it's apparent that the government did not prove an element of the case, and you |
| 0:17.5 | simply should not have been convicted? |
| 0:20.6 | The Supreme Court has weighed in with regard to some of those convictions, |
| 0:23.6 | Kato's J. Schweiker discusses the case of Jones v Hendrix. |
| 0:27.3 | The main law at issue here was in response to what? |
| 0:32.0 | So the main statute at issue in this case is the Anti-Terrorism and Effective Death Penalty Act of 1996, |
| 0:39.0 | which was passed largely in response to the Oklahoma City bombing a year prior. |
| 0:44.4 | And the act does a number of different things, but one of the main things that it does is especially |
| 0:48.5 | relevant for this case is it limits in a number of ways the ability of prisoners to bring |
| 0:55.8 | collateral attacks on their underlying criminal convictions after they have |
| 1:01.1 | been convicted and exhausted their appeals. |
| 1:03.0 | So in the normal course of affairs, you know, a prisoner might be go to trial, |
| 1:07.0 | convicted, they can raise direct appeals to that conviction, |
| 1:10.0 | but if they lose those appeals, they still have the ability to bring post-conviction |
| 1:16.4 | collateral claims saying, hey, you know, there was something unlawful about this underlying |
| 1:20.7 | conviction. |
| 1:21.7 | But what the Anti-Terrorism and Effective Death Penalty Act or |
| 1:24.3 | Edpa, as it's usually called, does, is it says, as a general rule, prisoners cannot bring |
... |
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