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28 U.S.C. § 2251 — Stay of State court proceedings
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stay shall terminate not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2251-stay-of-state-court-proceedings--89ebae1f78.md
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Source location: Title 28, Chapter 153, § 2251; chapter-153-habeas-corpus.md
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**(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.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2265
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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
**(a)** The adjudication of any application under section 2254 that is subject to this chapter, and the adjudication of any motion under section 2255 by a person under sentence of death, shall be given priority by the district court and by the court of appeals over all noncapital matters.
**(b)**
(1)
(A) A district court shall render a final determination and enter a final judgment on any application for a writ of habeas corpus brought under this chapter in a capital case not later than 450 days after the date on which the application is filed, or 60 days after the date on which the case is submitted for decision, whichever is earlier.
(B) A district court shall afford the parties at least 120 days in which to complete all actions, including the preparation of all pleadings and briefs, and if necessary, a hearing, prior to the submission of the case for decision.
(C)
(i) A district court may delay for not more than one additional 30-day period beyond the period specified in subparagraph (A), the rendering of a determination of an application for a writ of habeas corpus if the court issues a written order making a finding, and stating the reasons for the finding, that the ends of justice that would be served by allowing the delay outweigh the best interests of the public and the applicant in a speedy disposition of the application.
(ii) The factors, among others, that a court shall consider in determining whether a delay in the disposition of an application is warranted are as follows:
(I) Whether the failure to allow the delay would be likely to result in a miscarriage of justice.
(II) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fac
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2266
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Federal law — U.S. Code and appendices · legal_authorities
Page 521
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2251
1966—Pub. L. 89–711 designated existing provisions as
subsec. (a), struck out provision making the sub-
section’s terms applicable to applications seeking in-
quiry into detention of persons detained pursuant to
judgments of State courts, and added subsecs. (b) and
(c).
§ 2245. Certificate of trial judge admissible in evi-
dence
On the hearing of an application for a writ of
habeas corpus to inquire into the legality of the
detention of a person pursuant to a judgment
the certificate of the judge who presided at the
trial resulting in the judgment, setting forth the
facts occurring at the trial, shall be admissible
in evidence. Copies of the certificate shall be
filed with the court in which the application is
pending and in the court in which the trial took
place.
(June 25, 1948, ch. 646, 62 Stat. 966.)
HISTORICAL AND REVISION NOTES
This section makes no substantive change in existing
law. It is derived from H.R. 4232 introduced in the first
session of the Seventy-ninth Congress by Chairman
Sumners of the House Committee on the Judiciary. It
clarifies existing law and promotes uniform procedure.
§ 2246. Evidence; depositions; affidavits
On application for a writ of habeas corpus, evi-
dence may be taken orally or by deposition, or,
in the discretion of the judge, by affidavit. If af-
fidavits are admitted any party shall have the
right to propound written interrogatories to the
affiants, or to file answering affidavits.
(June 25, 1948, ch. 646, 62 Stat. 966.)
HISTORICAL AND REVISION NOTES
This section is derived from H.R. 4232 introduced in
the first session of the Seventy-ninth Congress by
Chairman Sumners of the House Committee on the Ju-
diciary. It clarifies existing practice w
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2251
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