Bruce Merryman v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
HabeasCorpus
Under the Antiterrorism and Effective Death Penalty Act, Can and individual Overcome this limitation, Under the Miscarriage of Justice Exception, By Shoming he was Denicd his Constitutional Right to be present at his own trial. Due to +he fact, The individual was Very sick and hospitalizied and the trial continued withont his prestnce The individdul did not Voluntarily absent himstlf from +he trial
Whether an individual can overcome the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 by showing he was denied his constitutional right to be present at his own trial due to being very sick and hospitalized, where he did not voluntarily absent himself from the trial