106 STAT. 1442 PUBLIC LAW 102-382—OCT. 5, 1992 This limitation shall not preclude the appointment of different counsel at any stage of the proceedings. "*(u) TIME FOR COLLATERAL ATTACK ON DEATH SENTENCE.— A motion under section 23-110 of the District of Columbia Code attacking a sentence of death under this section, or the conviction on which it is predicated, shall be filed within 90 days of the issuance of the order under subsection (r) appointing or denying the appointment of counsel for such proceedings. The court in which the motion is filed, for good cause shown, may extend the time for filing for a period not exceeding 60 days. Such a motion shall have priority over all non-capital matters in the district court, and in the court of appeals on review of the district court's decision. "*(v) STAY OF EXECUTION. —The execution of a sentence of death under this section shall be stayed in the course of direct review of the judgment and during the litigation of an initial motion in the case under section 23-110 of the District of Columbia Code. The stay shall run continuously following imposition of the sentence and shall expire if— "'(1) the defendant fails to file a motion under section 23-110 of the District of Columbia Code within the time specified in subsection (u), or fails to make a timely application for court of appeals review following the denial of such a motion by a district court;
- '(2) upon completion of district court and court of appeals
review under section 23-110 of the District of Columbia Code, the Supreme Court disposes of a petition for certiorari in a manner that leaves the capital sentence undisturbed, or the defendant fails to file a timely petition for certiorari; or "'(3) before a district court, in the presence of coimsel and edfter having been advised of the consequences of such a decision, the defendant waives the right to file a motion under section 23-110 of the District of Columbia Code. "'(w) FINALITY OF THE DECISION ON REVIEW. —If one of the conditions specified in subsection (v) has occurred, no court thereafter shall nave the authority to enter a stay of execution or grant relief in the case unless— (1) the basis for the stay and request for relief is a claim not presented in earlier proceedings; "'(2) the faihire to raise the claim is the result of governmental action in violation of the Constitution or laws of the United States, the result of the Supreme Court's recognition of a new Federal right that is retroactively applicable, or the result of the fact that the factual predicate of the claim could not have been discovered through the exercise of reasonable diligence in time to present the claim in earlier proceedings; and
- (3) the facts underlying the claim would be sufficient,
if proven, to undermine the court's confidence in the determination of guilt on the offense or ofTenses for which the death penalW was imposed.
- "(x) COMMUTATION OF SENTENCE OF DEATH.— The Mayor shall
have power to commute a sentence of death under this section to a sentence of life imprisonment, without parole. " *(y) DEFINITIONS. —For purposes of this section— "'(1) "State" includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States;
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