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LINDH v. MURPHY

No. 96-6298.

521 U.S. 320 (1997)

117 S.Ct. 2059

138 L.Ed.2d 481

LINDH v. MURPHY, WARDEN

Supreme Court of United States.

Decided June 23, 1997.

Attorney(s) appearing for the Case

James S. Liebman argued the cause for petitioner. With him on the briefs were Richard C. Neuhoff and Keith A. Findley.

Sally L. Wellman, Assistant Attorney General of Wisconsin, argued the cause for respondent. With her on the brief was James E. Doyle, Attorney General.*

Souter, J., delivered the opinion of the Court, in which Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Scalia, Kennedy, and Thomas, JJ., joined, p. 337.

Justice Souter, delivered the opinion of the Court.

The Antiterrorism and Effective Death Penalty Act of 1996, 110 Stat. 1214, signed into law on April 24, 1996, enacted the present 28 U. S. C. § 2254(d) (1994 ed., Supp. II). The issue in this case is whether that new section of the statute dealing with petitions for habeas corpus governs applications in non capital cases that were already pending when the Act was passed...

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