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in a 6-3 decision, the justices reversed the 9th Circuit’s ruling that a defendant’s application for habeas relief was subject to the Anti-Terrorism and Effective Death Penalty Act, where the defendant had filed a motion for appointment of federal habeas counsel and a stay of execution before the effective date of the act. Woodford v. Garceau, No. 01-1862. The justices remanded the case on the ground that a case is not “pending” until there is a filed application for habeas relief, which, in this case was after the effective date of the act. Thomas’ opinion was joined by Rehnquist, Stevens, Scalia, Kennedy and O’Connor. Souter, Ginsburg and Breyer dissented.

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