28 U.S.C. § 2262 — Mandatory stay of execution; duration; limits on stays of execution; successive petitions

FEDERAL · 28 U.S.C. · Chapter 154

Mandatory stay of execution; duration; limits on stays of execution; successive petitions

Current through Pub. L. 119-102

Title 28 — Judiciary and Judicial Procedure·Ch. 154 — SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

(a)Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay.

(b)A stay of execution granted pursuant to subsection (a) shall expire if—

(1)a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263;

(2)before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after

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(a) Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay.
(b) A stay of execution granted pursuant to subsection (a) shall expire if—
(1) a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263;
(2) before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after having been advised of the consequences, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254; or
(3) a State prisoner files a habeas corpus petition under section 2254 within the time required by section 2263 and fails to make a substantial showing of the denial of a Federal right or is denied relief in the district court or at any subsequent stage of review.
(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).

28 U.S.C. § 2262 (Mandatory stay of execution; duration; limits on stays of execution; successive petitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

97 Cal. Daily Op. Serv. 6530, 97 Daily Journal D.A.R. 10,687 Troy A. Ashmus, of Himself as an Individual and on Behalf of Himself and All Others Similarly Situated v. Arthur Calderon, Warden Teena Farmon, Warden of the Central California Women's Facility James H. Gomez, Director, California Department of Corrections Daniel E. Lungren, Attorney General

123 F.3d 1199 (Ninth Circuit, 1997)

State Procedures for Appointment of Competent Counsel in Post-Conviction Review of Capital Sentences

(Office of Legal Counsel, 2009)

In re: Williams v.

(Fourth Circuit, 2003)

Source Credit

History

(Added Pub. L. 104–132, title I, §107(a), Apr. 24, 1996, 110 Stat. 1222.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date
Section applicable to cases pending on or after Apr. 24, 1996, see section 107(c) of Pub. L. 104–132, set out as a note under section 2261 of this title.