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SLACK v. McDANIEL

United States Supreme Court No. 98-6322

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QUESTION PRESENTED: (1) Do the provisions of AEDPA, specifically including 28 U.S.C. § 2253(c) and 28 U.S.C. § 2244(b), control the proceedings on appeal?

(2) If AEDPA does control the proceedings on appeal, may a certificate of appealability issue under 28 U.S.C. § 2253(c)?

ORAL ARGUMENT DATE: March 29, 2000

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INTRODUCTION

Interest of amicus curiae
Summary of argument

I. Hohn implicitly held that amended § 2253 applies; the only question is why

II. Lindh should not be extended beyond § 2254(d)

A. Landgraf and "express"
B. Lindh v. Murphy
C. Martin v. Hadix, stare decisis, and hairline distinctions

III. A certificate of appealability requires a substantial claim on the merits, not procedure

Conclusion

Appendix A: 28 U.S.C. § 2253 as amended