Innocence and Habeas Corpus: A Call for Equitable Reforms

Authors

Paige Skousen Nelson

Abstract

Congress intended the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) to codify the Burger and Rehnquist Courts’ habeas corpus jurisprudence, which aimed to establish finality and innocence as gatekeepers to the “Great Writ.” But in practice, AEDPA hinders innocence claims, particularly claims of legal innocence.

This Note agrees that innocence should be one of the most important considerations in granting writs but argues that it is not as valued as Congress intended. This Note proposes two congressional reforms to reinstate innocence to its paramount role without compromising finality: first, amending the federal habeas petition rule to allow petitioners to file successive motions based on changes in statutory interpretation; and second, repealing the statute of limitations. These reforms would make it easier for innocent petitioners to challenge their detentions.

Rights

© 2025 Brigham Young University Law Review

Recommended Citation

Paige Skousen Nelson, Innocence and Habeas Corpus: A Call for Equitable Reforms, 50 BYU L. Rev. 863 (2025).
Available at: https://digitalcommons.law.byu.edu/lawreview/vol50/iss3/11