A bill to amend title 28 of the United States Code and the rules governing section 2254 cases in the United States district courts to change the types of hearings which a magistrate may conduct and to change the jurisdiction for the consideration of, and the standards for the granting of, writs of habeas corpus by Federal courts upon the application of persons in custody pursuant to judgments of State courts.

Summary

Eliminates the current authority of Federal magistrates to hear the following types of criminal proceedings: (1) evidentiary hearings in Federal court for habeas corpus relief for a person in custody under a State court judgment; (2) applications for posttrial relief by individuals convicted of offenses in State court; and (3) prisoner petitions challenging conditions of confinement. Permits a writ of habeas corpus to be granted on behalf of a person in custody under a State court judgment only if the application is made within three years of the date the judgment becomes final and any of the grounds of the application were not considered in the State proceeding. Specifies that the lack of such consideration must be prejudicial to the person and not caused by the action of the applicant. Revises the standards governing proceedings in Federal court for a writ of habeas corpus by a person in custody under a State court judgment.

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• Introduced in House

  summary · EN · 5 January 1981

  Open at official source

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