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

Summary

If a state court enters an order under section 2261(c), a state prisoner's scheduled execution must be paused when the prisoner asks any federal court that handles cases under section 2254. The request must say the State has started the chapter's post-conviction review. The pause ends if the prisoner fails to file a habeas petition under section 2254 within the time set by section 2263; or if, in court with counsel present (unless the prisoner knowingly gives up counsel) and after being told the consequences, the prisoner waives the right to section 2254 review; or if the prisoner files on time but fails to show a substantial denial of a federal right or is denied relief. After any of these, no federal court can later pause the execution 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