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2023 U. Chi. L. Rev. Online 1 (2023)

handle is hein.journals/uchidial91 and id is 1 raw text is: 1/16/23 U. Chi. L. Rev. Online *1 WRIT-ING AROUND BROWN V. ALLEN: HOW BROWN V. DAVENPORT RETURNS THE GREAT WRIT TO ITS HISTORIC OFFICE Jaden M. Lessnicki Introduction Federal habeas corpus can appear to many as a convoluted minefield. The Court, over the years, has developed a series of equitable doctrines setting forth requirements that prisoners must satisfy to obtain habeas relief. In _Teague. Lane (1989), for example, the Court held that new constitutional rules do not apply retroactively to cases on collateral review unless one of two exceptions is met. These equitable doctrines alone may have been clear enough, but Congress erected similar-though slightly distinct-obstacles to relief by enacting the Antiterror im and _Effectiv e Deah Pen altAct. of 1996 (AEDPA). In 28_LTS.__§ 24 _4 , for instance, Congress codified the antiretroactivity principle, but ostensibly without the exceptions identified in Teague. Adding to this confusion, the Court had sometimes entertained the notion that satisfying a pre-AEDPA equitable doctrine may have allowed a petitioner to avoid the AEDPA bars. In Edwar ds v.T'ann-o- (2021), for example, the majority considered whether the petitioner had satisfied one of the Teague exceptions, despite AEDPA plainly precluding relief. But in - oi n Da e_ or (2022), the Supreme Court made clear what it had hinted at previously-both AEDPA and the Court's equitable precedents supply necessary, but not sufficient, conditions for relief. Two important questions remain after Davenport: if a petitioner satisfies both AEDPA and the Court's equitable precedents, may a court deny habeas relief regardless, and if so, on what basis? This Case Note endeavors to answer them both. I. From Founding to Modern Habeas The modern writ of habeas corpus (often called the Great Writ) can be traced to the pre-Founding Era writ of habeas corpus ad subjiciendum et recipiendum. Prior to the English Civil War in the mid-1600s, this remedy was developed in response to the Crown imprisoning su l,_wummaril and iii ,ith litte 1 Jaden M. Lessnick is a J.D. candidate at the University of Chicago Law School, Class of 2023. He thanks Adam Mortara for his illuminating habeas expertise, as well as Matthew Makowski, Renic Sloan, Virginia Robinson, and the University of Chicago Law Review Online team.

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