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Proctor v. Cockrell

The district court's denial of habeas relief under 28 U.S.C. '2254 is affirmed because the Texas Court of Criminal Appeals holding that retroactive application to petitioners of the new limitations rule did not violate their due process rights was not "contrary to, or an unreasonable application of, clearly established Federal law." as determined by the U.S. Supreme Court.

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As amended March 15, 2002

Appeal from the United States District Court for the Southern District of Texas

Aaron Proctor and Jonathon Lemell appeal from the district court’s denial of their petitions for writs of habeas corpus under 28 U.S.C. §2254. Petitioners argue that the Texas Court of Criminal Appeals’ retroactive application of a new judicial interpretation of Texas law shifting the burden of proof to the defendant to establish the statute of limitations as a defense violates the Due Process Clause of the Fourteenth Amendment. Under the standard of review provided in the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), which governs this case, we conclude that the decision of the Texas Court of Criminal Appeals was not “contrary to, or an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” Accordingly, we affirm the district court’s denial of habeas relief.

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