Title 28, Judiciary and Judicial ProcedureRelease 119-102

§2264 Scope of Federal Review; District Court Adjudications

Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 154 — SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES › § 2264

Last updated Aug 21, 2026|Official source

Summary

When a person on death row asks a federal court to review their case, the court must only hear claims that the state courts already raised and fully decided. The court can hear a claim that was not raised earlier only if the state blocked it by breaking the U.S. Constitution or federal law; if the Supreme Court later created a new federal right that applies to earlier cases; or if the claim relies on new facts that could not have been found earlier with reasonable effort. After following the required review rules, the court must decide the claims that are properly before it.

Full Legal Text

Title 28, §2264

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(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 claims 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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2264

Title 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102