28 U.S. Code § 2264 - Scope of Federal review; district court adjudications
Scope of Federal review; district court adjudications
(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—
the result of the Supreme Court’s recognition of a new Federal right that is made retroactively applicable; or
Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.