2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - PARTICULAR PROCEEDINGS (§§ 2201 - 4105)
Chapter 154 - SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES (§§ 2261 - 2266)
Section 2264 - Scope of Federal review; district court adjudications
|Publication Title||United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 154 - SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
Sec. 2264 - Scope of Federal review; district court adjudications
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||Added Pub. L. 104-132, title I, §107(a), Apr. 24, 1996, 110 Stat. 1223.|
|Statutes at Large Reference||110 Stat. 1223|
|Public Law Reference||Public Law 104-132|
(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 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.)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.