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28 U.S.C. § 2265 — Certification and judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification.—**
(1) **In general.—** — If requested by an appropriate State official, the Attorney General of the United States shall determine—
(A) whether the State has established a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners who have been sentenced to death;
(B) the date on which the mechanism described in subparagraph (A) was established; and
(C) whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A).
(2) **Effective date.—** — The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection.
(3) **Only express requirements.—** — There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter.
**(b) Regulations.—** The Attorney General shall promulgate regulations to implement the certification procedure under subsection (a).
**(c) Review of Certification.—**
(1) **In general.—** — The determination by the Attorney General regarding whether to certify a State under this section is subject to review exclusively as provided under chapter 158 of this title.
(2) **Venue.—** — The Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under [section 2350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2350&num=0&edition=prelim).
(3) **Standard of review.—** — The determination by the Attorney General regarding whether to certify a State under this section shal
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Stable record: federal_law:legal_authorities:record_usc_ba8918dd1acefa8dfd2a7d93
Source file: Laws/federal/codes/united-states-code/title-28/section-2265-certification-and-judicial-review--1bb7a83251.md
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Source location: Title 28, Chapter 154, § 2265; chapter-154-special-habeas-corpus-procedures-in-capital-cases.md
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**(a) Certification.—**
(1) **In general.—** — If requested by an appropriate State official, the Attorney General of the United States shall determine—
(A) whether the State has established a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners who have been sentenced to death;
(B) the date on which the mechanism described in subparagraph (A) was established; and
(C) whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A).
(2) **Effective date.—** — The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection.
(3) **Only express requirements.—** — There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter.
**(b) Regulations.—** The Attorney General shall promulgate regulations to implement the certification procedure under subsection (a).
**(c) Review of Certification.—**
(1) **In general.—** — The determination by the Attorney General regarding whether to certify a State under this section is subject to review exclusively as provided under chapter 158 of this title.
(2) **Venue.—** — The Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under [section 2350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2350&num=0&edition=prelim).
(3) **Standard of review.—** — The determination by the Attorney General regarding whether to certify a State under this section shall be subject to de novo review.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Pending matters.—** — A justice or judge of the United States before whom a habeas corpus proceeding is pending, may, before final judgment or after final judgment of discharge, or pending appeal, stay any proceeding against the person detained in any State court or by or under the authority of any State for any matter involved in the habeas corpus proceeding.
(2) **Matter not pending.—** — For purposes of this section, a habeas corpus proceeding is not pending until the application is filed.
(3) **Application for appointment of counsel.—** — If a State prisoner sentenced to death applies for appointment of counsel pursuant to [section 3599(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3599/a/2&num=0&edition=prelim) in a court that would have jurisdiction to entertain a habeas corpus application regarding that sentence, that court may stay execution of the sentence of death, but such stay shall terminate not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.
**(b) No Further Proceedings.—** After the granting of such a stay, any such proceeding in any State court or by or under the authority of any State shall be void. If no stay is granted, any such proceeding shall be as valid as if no habeas corpus proceedings or appeal were pending.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2251
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An order granting or denying an interlocutory injunction under [section 2349(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2349/b&num=0&edition=prelim) and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by [section 1254(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254/1&num=0&edition=prelim). Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari.
**(b)** The provisions of [section 1254(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254/2&num=0&edition=prelim), regarding certification, and of [section 2101(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2101/f&num=0&edition=prelim), regarding stays, also apply to proceedings under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2350
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A defendant who has been found guilty of—
(1) an offense described in section 794 or section 2381; or
(2) any other offense for which a sentence of death is provided, if the defendant, as determined beyond a reasonable doubt at the hearing under section 3593—
(A) intentionally killed the victim;
(B) intentionally inflicted serious bodily injury that resulted in the death of the victim;
(C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or
(D) intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act,
**(b)** A defendant who has been found guilty of—
(1) an offense referred to in section 408(c)(1) of the Controlled Substances Act ([21 U.S.C. 848(c)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848/c/1&num=0&edition=prelim)), committed as part of a continuing criminal enterprise offense under the conditions described in subsection (b) of that section which involved not less than twice the quantity of controlled substance described in subsection (b)(2)(A) or twice the gross receipts described in subsection (b)(2)(B); or
(2) an offense referred to in section 408(c)(1) of the Controlled Substances Act ([21 U.S.C. 848(c)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848/c/1&num=0&edition=prelim)), committed as part of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3591
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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
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