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Antonelli: Parole Commission 2241 Challenge Not subject to gatekeeping

By Tim Cone

In Antonelli v. Warden, U.S.P. Atlanta, No. 08-10608 (Sept.17, 2008), the Court held that habeas petitions under 28 U.S.C. § 2241 that challenge denials of credit by the United States Parole Commission are not subject to the gatekeeping requirements of AEDPA (which require such petitioners to first obtain permission from the Court of Appeals before filed a "second or successive" petition).As to Antonelli?s petition, however, the Court held that it was properly dismissed, because the issue it presented ? whether his prior Illinois state convictions were unconstitutional ? had been previously adjudicated in a prior federal habeas proceeding. Citing 28 U.S.C. § 2244(a).

Full post as published by Defense Newsletter Blog on September 22, 2008 (boomark / email).