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COSEY v. LILLEY

Docket No. 20-1916-pr August Term, 2021.

62 F.4th 74 (2023)

Archie COSEY, Petitioner-Appellant, v. Lynn LILLEY, Superintendent of Woodbourne Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 9, 2023.

Attorney(s) appearing for the Case

Glenn A. Garber ( Rebecca E. Freedman , on the brief), The Exoneration Initiative, New York, NY, for Petitioner-Appellant Archie Cosey.

Stephen Kress , Assistant District Attorney ( Karen Schlossberg , Assistant District Attorney, on the brief), for Cyrus R. Vance, Jr., District Attorney of New York County, New York, NY, for Respondent-Appellee Lynn Lilley.

Parvin Daphne Moyne , Elise B. Maizel , Andrew A. McWhorter , Akin Gump Strauss Hauer & Feld LLP, New York, NY; Zara H. Shore , Akin Gump Strauss Hauer & Feld LLP, Washington, DC, for Amici Curiae The Innocence Project and Centurion Ministries, Inc., in support of Petitioner-Appellant Archie Cosey.

Judge Park joins the opinion and has filed a separate concurrence.

The Antiterrorism and Effective Death Penalty Act ("AEDPA") erects a difficult series of procedural and substantive barriers for prisoners who collaterally attack their state convictions in federal court. Consider, for example, the strict one-year time limit to file a federal habeas petition. See 28 U.S.C. § 2244...

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