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

Federal law — U.S. Code and appendices · legal_authorities

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

**(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).

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Source location: Title 28, Chapter 154, § 2262; chapter-154-special-habeas-corpus-procedures-in-capital-cases.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2261 — Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment

**(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

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2262 — Mandatory stay of execution; duration;

Page 583 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2262 Sec. 2263. Filing of habeas corpus application; time re- quirements; tolling rules. 2264. Scope of Federal review; district court adju- dications. 2265. Certification and judicial review. 2266. Limitation periods for determining applica- tions and motions. Editorial Notes AMENDMENTS Pub. L. 109–177, title V, § 507(c)(2), Mar. 9, 2006, 120 Stat. 251, substituted ‘‘Certification and judicial re- view’’ for ‘‘Application to State unitary review proce- dure’’ in item 2265. § 2261. Prisoners in State custody subject to cap- ital sentence; appointment of counsel; re- quirement of rule of court or statute; proce- dures for appointment (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 sec- tion 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, com- pensation, and reimbursement of counsel as pro- vided 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 rep- resent the prisoner upon a finding that the prisoner is indigent and accepted the offer or is unable competently to decide whether to ac- cept or reject the offer; (2) f

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