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§ 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.



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