28 U.S.C. § 2265 — Certification and judicial review

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 good cause is made for the failure to file the habeas corpus application within the time period established by this section. (Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223.) 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. § 2264. Scope of Federal review; district court ad- judications (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 rec- ognition 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. (Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223.) 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. § 2265. Certification and judicial review (a) CERTIFICATION.— (1) IN GENERAL.—If requested by an appro- priate State official, the Attorney General of the United States shall determine— (A) whether the State has established a mechanism for the appointment, compensa- tion, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indi- gent prisoners who have been sentenced to death; (B) the date on which the mechanism de- scribed in subparagraph (A) was established; and (C) whether the State provides standards of competency for the appointment of coun- sel in proceedings described in subparagraph (A). (2) EFFECTIVE DATE.—The date the mecha- nism described in paragraph (1)(A) was estab- lished shall be the effective date of the certifi- cation under this subsection. (3) ONLY EXPRESS REQUIREMENTS.—There are no requirements for certification or for appli- cation of this chapter other than those ex- pressly stated in this chapter. (b) REGULATIONS.—The Attorney General shall promulgate regulations to implement the cer- tification 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 exclu- sive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under section 2350 of this title. (3) STANDARD OF REVIEW.—The determina- tion by the Attorney General regarding wheth- er to certify a State under this section shall be subject to de novo review. (Added Pub. L. 109–177, title V, § 507(c)(1), Mar. 9, 2006, 120 Stat. 250.) Editorial Notes PRIOR PROVISIONS A prior section 2265, added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223, related to the appli- Page 585 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2266 cation of sections 2262, 2263, 2264, and 2266 of this title to State unitary review procedures, prior to repeal by Pub. L. 109–177, title V, § 507(c)(1), Mar. 9, 2006, 120 Stat. 250. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to cases pending on or after Mar. 9, 2006, with special rule for certain cases pending on that date, see section 507(d) of Pub. L. 109–177, set out as an Effective Date of 2006 Amendment note under sec- tion 2251 of this title. § 2266. Limitation periods for determining appli- cations and motions (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, which- ever 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 pe- riod 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 fact or law, that it is unrea- sonable to expect adequate briefing within the time limitations established by subparagraph (A). (III) Whether the failure to allow a delay in a case that, taken as a whole, is not so un- usual or so complex as described in subclause (II), but would otherwise deny the applicant reasonable time to obtain counsel, would un- reasonably deny the applicant or the govern- ment continuity of counsel, or would deny counsel for the applicant or the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. (iii) No delay in disposition shall be permis- sible because of general congestion of the court’s calendar. (iv) The court shall transmit a copy of any order issued under clause (i) to the Director of the Administrative Office of the United States Courts for inclusion in the report under para- graph (5). (2) The time limitations under paragraph (1) shall apply to— (A) an initial application for a writ of habeas corpus; (B) any second or successive application for a writ of habeas corpus; and (C) any redetermination of an application for a writ of habeas corpus following a remand by the court of appeals or the Supreme Court for further proceedings, in which case the lim- itation period shall run from the date the re- mand is ordered. (3)(A) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. (B) No amendment to an application for a writ of habeas corpus under this chapter shall be per- mitted after the filing of the answer to the ap- plication, except on the grounds specified in sec- tion 2244(b). (4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judg- ment of conviction or sentence. (B) The State may enforce a time limitation under this section by petitioning for a writ of mandamus to the court of appeals. The court of appeals shall act on the petition for a writ of mandamus not later than 30 days after the filing of the petition. (5)(A) The Administrative Office of the United States Courts shall submit to Congress an an- nual report on the compliance by the district courts with the time limitations under this sec- tion. (B) The report described in subparagraph (A) shall include copies of the orders submitted by the district courts under paragraph (1)(B)(iv). (c)(1)(A) A court of appeals shall hear and render a final determination of any appeal of an order granting or denying, in whole or in part, an application brought under this chapter in a capital case not later than 120 days after the date on which the reply brief is filed, or if no reply brief is filed, not later than 120 days after the date on which the answering brief is filed. (B)(i) A court of appeals shall decide whether to grant a petition for rehearing or other re- quest for rehearing en banc not later than 30 days after the date on which the petition for re- hearing is filed unless a responsive pleading is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the responsive pleading is filed. (ii) If a petition for rehearing or rehearing en banc is granted, the court of appeals shall hear and render a final determination of the appeal not later than 120 days after the date on which the order granting rehearing or rehearing en banc is entered. (2) The time limitations under paragraph (1) shall apply to— (A) an initial application for a writ of habeas corpus;