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28 U.S.C. § 2264 — Scope of Federal review; district court adjudications
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2264-scope-of-federal-review-district-court-adjudications--a6f8ebb558.md
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Source location: Title 28, Chapter 154, § 2264; chapter-154-special-habeas-corpus-procedures-in-capital-cases.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied.
**(b) Counsel.—** This chapter is applicable if—
(1) the Attorney General of the United States certifies that a State has established a mechanism for providing counsel in postconviction proceedings as provided in section 2265; and
(2) counsel was appointed pursuant to that mechanism, petitioner validly waived counsel, petitioner retained counsel, or petitioner was found not to be indigent.
**(c)** Any mechanism for the appointment, compensation, and reimbursement of counsel as provided in subsection (b) must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record—
(1) appointing one or more counsels to represent the prisoner upon a finding that the prisoner is indigent and accepted the offer or is unable competently to decide whether to accept or reject the offer;
(2) finding, after a hearing if necessary, that the prisoner rejected the offer of counsel and made the decision with an understanding of its legal consequences; or
(3) denying the appointment of counsel upon a finding that the prisoner is not indigent.
**(d)** No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation.
**(e)** The ineffectiveness or incompetence of counsel during State or Federal post-conviction proceedings in a capital case shall not be a ground for relief in a proceedin
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2261
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Federal law — U.S. Code and appendices · legal_authorities
Page 584
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2263
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).
(Added Pub. L. 104–132, title I, § 107(a), Apr. 24,
1996, 110 Stat. 1222.)
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.
§ 2263. Filing of habeas corpus application; time
requirements; tolling rules
(a) Any application under this chapter for ha-
beas corpus relief under section 2254 must be
filed in the appropriate district court not later
than 180 days after final State court affirmance
of the conviction and sentence on direct review
or the expiration of the time for seeking such
review.
(b) The time requirements established by sub-
section (a) shall be tolled—
(1) from the date that a petition for certio-
rari is filed in the Supreme Court until the
date of final disposition of the petition if a
State prisoner files the petition to secure re-
view by the Supreme Court of the affirmance
of a capital sentence on direct review by the
court of last resort of the State or other final
State court decision on direct review;
(2) from the date on which the first petition
for post-conviction review or other collateral
relief is filed until the final State court dis-
position of such petition; and
(3) during an additional period not to exceed
30 days, if—
(A) a motion for an extension of time is
filed in the Federal district court that would
have jurisdiction over the case upon the fil-
ing of a habeas corpus application under sec-
tion 2254; and
(B) a showing of
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2264
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