US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 2266. —  Limitation periods for determining applications and motions.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 28USC2266]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
     CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
 
Sec. 2266. Limitation periods for determining applications and 
        motions
        
    (a) The adjudication of any application under section 2254 that is 
subject to this chapter, and the adjudication of any motion under 
section 2255 by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters.
    (b)(1)(A) A district court shall render a final determination and 
enter a final judgment on any application for a writ of habeas corpus 
brought under this chapter in a capital case not later than 180 days 
after the date on which the application is filed.
    (B) A district court shall afford the parties at least 120 days in 
which to complete all actions, including the preparation of all 
pleadings and briefs, and if necessary, a hearing, prior to the 
submission of the case for decision.
    (C)(i) A district court may delay for not more than one additional 
30-day period beyond the period specified in subparagraph (A), the 
rendering of a determination of an application for a writ of habeas 
corpus if the court issues a written order making a finding, and stating 
the reasons for the finding, that the ends of justice that would be 
served by allowing the delay outweigh the best interests of the public 
and the applicant in a speedy disposition of the application.
    (ii) The factors, among others, that a court shall consider in 
determining whether a delay in the disposition of an application is 
warranted are as follows:
        (I) Whether the failure to allow the delay would be likely to 
    result in a miscarriage of justice.
        (II) Whether the case is so unusual or so complex, due to the 
    number of defendants, the nature of the prosecution, or the 
    existence of novel questions of fact or law, that it is unreasonable 
    to expect adequate briefing within the time limitations established 
    by subparagraph (A).
        (III) Whether the failure to allow a delay in a case that, taken 
    as a whole, is not so unusual or so complex as described in 
    subclause (II), but would otherwise deny the applicant reasonable 
    time to obtain counsel, would unreasonably deny the applicant or the 
    government continuity of counsel, or would deny counsel for the 
    applicant or the government the reasonable time necessary for 
    effective preparation, taking into account the exercise of due 
    diligence.

    (iii) No delay in disposition shall be permissible because of 
general congestion of the court's calendar.
    (iv) The court shall transmit a copy of any order issued under 
clause (i) to the Director of the Administrative Office of the United 
States Courts for inclusion in the report under paragraph (5).
    (2) The time limitations under paragraph (1) shall apply to--
        (A) an initial application for a writ of habeas corpus;
        (B) any second or successive application for a writ of habeas 
    corpus; and
        (C) any redetermination of an application for a writ of habeas 
    corpus following a remand by the court of appeals or the Supreme 
    Court for further proceedings, in which case the limitation period 
    shall run from the date the remand is ordered.

    (3)(A) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of litigating 
any application or appeal.
    (B) No amendment to an application for a writ of habeas corpus under 
this chapter shall be permitted after the filing of the answer to the 
application, except on the grounds specified in section 2244(b).
    (4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    (B) The State may enforce a time limitation under this section by 
petitioning for a writ of mandamus to the court of appeals. The court of 
appeals shall act on the petition for a writ of mandamus not later than 
30 days after the filing of the petition.
    (5)(A) The Administrative Office of the United States Courts shall 
submit to Congress an annual report on the compliance by the district 
courts with the time limitations under this section.
    (B) The report described in subparagraph (A) shall include copies of 
the orders submitted by the district courts under paragraph (1)(B)(iv).
    (c)(1)(A) A court of appeals shall hear and render a final 
determination of any appeal of an order granting or denying, in whole or 
in part, an application brought under this chapter in a capital case not 
later than 120 days after the date on which the reply brief is filed, or 
if no reply brief is filed, not later than 120 days after the date on 
which the answering brief is filed.
    (B)(i) A court of appeals shall decide whether to grant a petition 
for rehearing or other request for rehearing en banc not later than 30 
days after the date on which the petition for rehearing is filed unless 
a responsive pleading is required, in which case the court shall decide 
whether to grant the petition not later than 30 days after the date on 
which the responsive pleading is filed.
    (ii) If a petition for rehearing or rehearing en banc is granted, 
the court of appeals shall hear and render a final determination of the 
appeal not later than 120 days after the date on which the order 
granting rehearing or rehearing en banc is entered.
    (2) The time limitations under paragraph (1) shall apply to--
        (A) an initial application for a writ of habeas corpus;
        (B) any second or successive application for a writ of habeas 
    corpus; and
        (C) any redetermination of an application for a writ of habeas 
    corpus or related appeal following a remand by the court of appeals 
    en banc or the Supreme Court for further proceedings, in which case 
    the limitation period shall run from the date the remand is ordered.

    (3) The time limitations under this section shall not be construed 
to entitle an applicant to a stay of execution, to which the applicant 
would otherwise not be entitled, for the purpose of litigating any 
application or appeal.
    (4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    (B) The State may enforce a time limitation under this section by 
applying for a writ of mandamus to the Supreme Court.
    (5) The Administrative Office of the United States Courts shall 
submit to Congress an annual report on the compliance by the courts of 
appeals with the time limitations under this section.

(Added Pub. L. 104-132, title I, Sec. 107(a), Apr. 24, 1996, 110 Stat. 
1224.)

                  Section Referred to in Other Sections

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



chanrobles.com.Com