This Day in Liberal Judicial Activism–March 28

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2018–So much for Congress’s restriction, enacted in 1996, providing that a federal prisoner may file a second habeas petition under 28 U.S.C. 2255 only upon a showing of new evidence of innocence or a new rule of constitutional law from the Supreme Court. In United States v. Wheeler, a Fourth Circuit panel holds that a new rule of law, whether constitutional or statutory, from the court of appeals can enable a federal prisoner to bypass Congress’s restriction.

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