28 U.S.C. § 2264 — Scope of Federal review; district court adjudications

FEDERAL · 28 U.S.C. · Chapter 154

Scope of Federal review; district court adjudications

28 U.S.C. § 2264

Title28 — Judiciary and Judicial Procedure

Chapter154 — SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

This text of 28 U.S.C. § 2264 (Scope of Federal review; district court adjudications) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

28 U.S.C. § 2264.

Text

(a)Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is—

(1)the result of State action in violation of the Constitution or laws of the United States;

(2)the result of the Supreme Court's recognition of a new Federal right that is made retroactively applicable; or

(3)based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review.

(b)Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the

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(a) Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is—
(1) the result of State action in violation of the Constitution or laws of the United States;
(2) the result of the Supreme Court's recognition of a new Federal right that is made retroactively applicable; or
(3) based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review.
(b) Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.

Source Credit

History

(Added Pub. L. 104–132, title I, §107(a), Apr. 24, 1996, 110 Stat. 1223.)

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.

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Bluebook (online)

28 U.S.C. § 2264, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/2264.