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

submitted 30 years ago by Pub. L. 104-132 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 248 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section provides an automatic stay of a scheduled execution when the state invokes this chapter’s post-conviction procedures. The stay ends if the prisoner misses the filing deadline, waives review, or fails at review, subject to a narrow rule for a later application.

(a) After the appropriate state court enters an order under § 2261(c), a warrant or order setting a state prisoner’s execution date must be stayed when an application is made to a court that could hear a § 2254 proceeding. The application must say that the State invoked this chapter’s review procedures and that the execution is subject to a stay. (b) The stay ends if (1) the prisoner does not file a § 2254 habeas application on time under § 2263; (2) before a competent court, with counsel present unless knowingly and competently waived, and after advice about the consequences, the prisoner waives § 2254 review; or (3) the prisoner timely files and fails to make a substantial showing that a federal right was denied, or loses in the district court or a later review stage. (c) After one of those events, no federal court may stay the execution unless the court of appeals approves a second or successive application under § 2244(b).

the actual law source: uscode.house.gov ↗public domain

(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).

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

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-132 · 110 Stat. 1222

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-132 on 1996-04-24.

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