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
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.
Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.