28 U.S.C. § 2264 — Scope of Federal review; district court adjudications
submitted 30 years ago by Pub. L. 104-132 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 141 words · no verdicts yet
This section limits a qualifying capital-case habeas court to claims properly raised and decided in state court, subject to three exceptions. After applying specified § 2254 rules, the court must decide the claims properly before it.
(a) When a state prisoner under a capital sentence files habeas relief covered by this chapter, the district court* may consider only claims raised and decided on their merits in state court, unless the failure to raise a claim properly resulted from (1) state action violating the Constitution or United States law; (2) the Supreme Court’s recognition of a new federal right made retroactive; or (3) a factual basis that due diligence could not have uncovered in time for state or federal post-conviction review.
(b) After applying § 2254(d) and (e), as well as this subsection’s limits, the court must rule on the claims properly before it.
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—
the result of State action in violation of the Constitution or laws of the United States;
the result of the Supreme Court’s recognition of a new Federal right that is made retroactively applicable; or
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.
Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.
Source credit: (Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223.)
- 1996Enacted · Pub. L. 104-132 · 110 Stat. 1223
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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