Page:United States Statutes at Large Volume 110 Part 2.djvu/49

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"^eU' PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1223 right or is denied relief in the district court or at any subsequent stage of review. "(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b). '^§2263. Filing of habeas corpus application; time requirements; tolling rules "(a) Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review. "(b) The time requirements established by subsection (a) shall be tolled— "(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the giffirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review; "(2) from the date on which the first petition for postconviction review or other collateral relief is filed until the final State court disposition of such petition; and "(3) during an additional period not to exceed 30 days, if— "(A) a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and "(B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section. "§ 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 clsdms 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.

    • § 2265. Application to State unitary review procedure

"(a) For purposes of this section, a 'unitary review' procedure means a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of the judgment, such claims as could be raised on collateral attack. This chapter