Page:United States Statutes at Large Volume 110 Part 2.djvu/47

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1221 "(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and "(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. "(3)(A) Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application. "(B) A motion in the court of appeals for an order authorizing the district court to consider a second or successive application shall be determined by a three-judge panel of the court of appeals. "(C) The court of appeals may authorize the filing of a second or successive application only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection. "(D) The court of appeals shall grant or deny the authorization to file a second or successive application not later than 30 days after the filing of the motion. "(E) The grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari. "(4) A district court; shall dismiss any claim presented in a second or successive application that the court of appeals has authorized to be filed unless the applicant shows that the claim satisfies the requirements of this section.". SEC. 107. DEATH PENALTY UTIGATION PROCEDURES. (a) ADDITION OF CHAPTER TO TITLE 28, UNITED STATES CODE. — Title 28, United States Code, is amended by inserting after chapter 153 the following new chapter: "CHAPTER 154—SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES "Sec. "2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment. "2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions. "2263. Filing of habeas corpus application; time requirements; tolling rules. "2264. • Scope of Federal review; district court adjudications. "2265. Application to State unitary review procedure. "2266. Limitation periods for determining applications and motions. "§2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment "(a) This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who Eire subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied. "(b) This chapter is applicable if a State establishes by statute, rule of its court of last resort, or by another agency authorized