§2266 Limitation Periods for Determining Applications and Motions

Summary

Require courts to give death-penalty habeas cases priority and to meet strict deadlines. District courts must decide habeas petitions in capital cases within 450 days after filing or within 60 days after the case is submitted for decision, whichever comes first. Courts must give the parties at least 120 days to finish papers and, if needed, a hearing before submitting the case. A judge may add one extra 30-day delay only if the judge puts reasons in writing and shows the delay is needed (for example, to avoid a miscarriage of justice, because the case is unusually complex, or to allow time for counsel). The court cannot delay just because its calendar is crowded. The time limits apply to first filings, later filings, and cases sent back by higher courts. These deadlines do not automatically give a stay of execution, and missing a deadline by itself does not undo a conviction or sentence. After the government files an answer, petitioners generally cannot change their petition except for the narrow reasons Congress set out. A state can ask the court of appeals to force a lower court to follow the deadlines, and the appeals court must act on that request within 30 days. The Administrative Office of the U.S. Courts must report to Congress each year on how well district courts follow these deadlines and include any written delay orders. Require quick decisions on appeals in capital habeas cases. A court of appeals must decide the appeal within 120 days after the reply brief is filed, or within 120 days after the answering brief if there is no reply. The court must decide whether to grant rehearing within 30 days after a rehearing petition (or after a required response). If rehearing is granted, the appeals court must finish the appeal within 120 days after the order granting rehearing. The same rules about first filings, later filings, remands, stays of execution, and failure to meet deadlines apply. The state may ask the Supreme Court to force compliance with the appeal deadlines. The Administrative Office must also report yearly on appeals’ compliance.