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The Repeal of the Post-Conviction Provision(s) as Promulgated in the Anti- Terrorism and Death Penalty Act of1996

WHEREAS, the post-conviction review opportunities have been a bulwark of America's criminal justice system, where defendants were afforded judicial opportunities to realize ultimate fairness in the judicial proceedings and post­ conviction remedies through the establishment of the habeas corpus procedures, as applied under Title 28 U.S.C. 2255; and

WHEREAS, President Barack Obama, is on record as saying he will "review and consider the return of the habeas corpus to its original form"; and

WHEREAS, the Anti-Terrorism and Death Penalty Act of 1996 still exists and is being applied unfairly by limiting the scope of Title 28 U.S.C. 2254 and 2255, thus restricting a defendant's opportunity and ability to utilize the statutes to collaterally attack the constitutionally of his/her conviction after just one year from the time of the final judgment, irrespective of how egregious and/or unjust as a matter of law.

THEREFORE, BE IT RESOLVED, that the NAACP will work to amend the statutes to read "habeas corpus requests can be made at anytime" and also applied retroactively.