A bill to amend section 2254, title 28, United States Code.

Summary

States that an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State as to all issues which he wishes to raise in Federal court, or that there is either an absence of available State corrective process or circumstances rendering such process ineffective to protect the rights of the prisoner. Provides that if a habeas corpus application presents an issue to the highest State court, which enters a decision on that issue adverse to the applicant, and if the applicant does not petition the United States Supreme Court for a writ of certiorari, he will be deemed to have exhausted his remedies as to that issue on the day following the final day on which he can seek such a writ of certiorari. Provides that if the applicant petitions for a writ of certiorari from the United States Supreme Court, he will be deemed to have exhausted his remedies on the day when that petition is denied or, if it is granted, on the day of the entry of a decision adverse to the applicant. States that an application for Federal habeas corpus relief shall be barred unless such application is made within one hundred and twenty days following the date upon which the State notifies the potential applicant of the fact that he has exhausted his State remedies. Provides that after the date of the exhaustion of State remedies and the State informs the applicant that he has exhausted his State remedies, that Federal habeas corpus relief may be available if he applies within the one hundred and twenty-day filing period, and that, if he is indigent, he is entitled to free legal assistance in deciding whether to apply for Federal habeas corpus relief. (Amends 28 U.S.C. 2254)

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1 official file

• Introduced in House

  summary · EN · 1 May 1974

  Open at official source

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