§2262 Mandatory Stay of Execution; Duration; Limits on Stays of Execution; Successive Petitions

Summary

When a State court issues an order under section 2261(c) and the State starts post‑conviction review, any set execution date must be put on hold if the prisoner asks a federal court that could hear a habeas petition under section 2254. The prisoner’s request must say the State has begun those review procedures and that the execution is subject to the hold. The hold ends if (1) the prisoner does not file a section 2254 habeas petition in the time required by section 2263; (2) the prisoner, in court with counsel present (unless the prisoner knowingly and competently waived counsel) and after being told the consequences, gives up the right to seek section 2254 review; or (3) the prisoner files on time but fails to show a substantial denial of a Federal right or is denied relief in district court or on further review. After any of these things happens, no Federal court can later put the execution on hold unless the court of appeals allows a second or successive application under section 2244(b).