§ 2262. — Mandatory stay of execution; duration; limits on stays of execution; successive petitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2262]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
Sec. 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).
(Added Pub. L. 104-132, title I, Sec. 107(a), Apr. 24, 1996, 110 Stat.
1222.)
Section Referred to in Other Sections
This section is referred to in section 2265 of this title.
