Page:United States Statutes at Large Volume 110 Part 2.djvu/51

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1225 "(I) Whether the failure to allow the delay would be likely to result in a miscarriage of justice. "(11) 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). "(Ill) 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 Reports, 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 (l)(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.