Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 154 — SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES › § 2264
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
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
Legislative History
Reference
Citation
28 U.S.C. § 2264
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102