§2262 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

When a State court issues an order under section 2261(c), a State prisoner’s execution date must be put on hold if the prisoner asks any court that can hear a section 2254 habeas petition. The request must say the State used the chapter’s post‑conviction review process and that the execution is stayed. The hold ends if the prisoner does not file a section 2254 petition in the time set by section 2263, knowingly gives up the right to seek section 2254 review in court with counsel present, or files on time but fails to show a substantial federal‑rights violation or is denied relief. After that, no federal court may grant another stay unless the court of appeals allows a second or successive application under section 2244(b).

Title 28, §2262

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay.

(b)A stay of execution granted pursuant to subsection (a) shall expire if—

(1)a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263;

(2)before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after having been advised of the consequences, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254; or

(3)a State prisoner files a habeas corpus petition under section 2254 within the time required by section 2263 and fails to make a substantial showing of the denial of a Federal 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).

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to cases pending on or after Apr. 24, 1996, see section 107(c) of Pub. L. 104–132, set out as a note under section 2261 of this title.

§2262 Mandatory stay of execution; duration; limits on stays of execution; successive petitions

Summary

Title 28, §2262

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata