§ 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.
