28-U.S.C.-2264

§2264 – Scope of Federal Review; District Court Adjudications

Pathway

Title 28 > Part VI > Chapter 154 > Section 2264

Details

• Reference: Section 2264
• Legend: §2264 – Scope of Federal Review; District Court Adjudications
• USCode Year: 2013

Provision Content

(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 Courts 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.

(Added Pub. L. 104–132, title I, §107(a), Apr. 24, 1996, 110 Stat. 1223.)

U.S. Encyclopedia of Law Coverage

28-U.S.C.-2252 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-2252, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-2249 in the Legal Encyclopedia: Proceedings

In this entry about 28-U.S.C.-2249, find legal reference material, bibliographies and premiere content related to proceedings in the American Encyclopedia of Law, presenting a comprehensive view of the United States proceedings-specific issues, written by authorities in the field.

Topic Map

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