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§ 2264. —  Scope of Federal review; district court adjudications.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 28USC2264]

 
               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

    (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, Sec. 107(a), Apr. 24, 1996, 110 Stat. 
1223.)

                  Section Referred to in Other Sections

    This section is referred to in section 2265 of this title.



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