28 USC 2262 - Mandatory stay of execution; duration; limits on stays of execution; successive petitions

U.S Code last checked for updates: Nov 25, 2024

§ 2262.

Mandatory stay of execution; duration; limits on stays of execution; successive petitions

(a)

Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay.

(b)

A stay of execution granted pursuant to subsection (a) shall expire if—

(1)

a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263;

(2)

before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after having been advised of the consequences, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254; or

(3)

a State prisoner files a habeas corpus petition under section 2254 within the time required by section 2263 and fails to make a substantial showing of the denial of a Federal right or is denied relief in the district court or at any subsequent stage of review.

(c)

If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).

(Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1222.)

cite as: 28 USC 2262