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Current as of January 01, 2024 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - 28 U.S.C. § 2264 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 2264. Scope of Federal review; district court adjudications - last updated January 01, 2024 | https://codes.findlaw.com/us/title-28-judiciary-and-judicial-procedure/28-usc-sect-2264/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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