(DOWNLOAD) "State of Georgia v. United States Army Corps of Engineers" by Eleventh Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State of Georgia v. United States Army Corps of Engineers
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 21, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
Krishna Maharaj, a Florida state prisoner, appeals the district courts dismissal of his counseled federal habeas corpus petition, brought under 28 U.S.C. § 2254. Because Maharaj filed his petition after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No 104-32, 110 Stat. 1214 (1996), the provisions of that act apply. Because Maharajs resentencing had not occurred at the time he filed his habeas petition, his state court judgment had not become final, and thus his habeas petition, which challenged all of his convictions and sentences, was not ripe for review. Accordingly, the district courts dismissal without prejudice, which will allow Maharaj to refile his habeas petition now that the state court has completed its resentencing, was not in error. Accordingly, we AFFIRM.