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FELKER v. TURPIN

No. 95-8836 (A-890).

518 U.S. 651 (1996)

FELKER v. TURPIN, WARDEN

United States Supreme Court.

Decided June 28, 1996.

Attorney(s) appearing for the Case

Henry P. Monaghan argued the cause for petitioner. With him on the brief were Stephen C. Bayliss, Mary Elizabeth Wells, and Mark Evan Olive.

Susan V. Boleyn, Senior Assistant Attorney General of Georgia, argued the cause for respondent. With her on the briefs were Michael J. Bowers, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Paige Reese Whitaker, Assistant Attorney General.

Solicitor General Days argued the cause for the United States as amicus curiae. With him on the brief were Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, James A. Feldman, Malcolm L. Stewart, Robert J. Erickson, and David S. Kris.*

Rehnquist, C. J., delivered the opinion for a unanimous Court. Stevens, J., filed a concurring opinion, in which Souter and Breyer, JJ., joined, p. 665. Souter, J., filed a concurring opinion, in which Stevens and Breyer, JJ., joined, p. 666.

Chief Justice Rehnquist delivered the opinion of the Court.

Title I of the Antiterrorism and Effective Death Penalty Act of 1996 (Act) works substantial changes to chapter 153 of Title 28 of the United States Code, which authorizes federal courts to grant the writ of habeas corpus. Pub. L. 104— 132, 110 Stat. 1217. We hold that the Act does not preclude this Court from entertaining an application for habeas corpus...

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