A bill to amend title 28, United States Code, to make clear that State or Federal prisoners who are otherwise eligible for Federal habeas corpus relief may not be denied such relief on the ground that such State or Federal Government provided an opportunity for a full and fair litigation of a constitutional claim, and for other purposes.

Summary

Stipulates that a Federal court shall entertain an application for habeas corpus relief of a person in custody under a State court order without regard to whether such State court gave such person an opportunity for a full and fair litigation regarding the ground of his claim. Stipulates that an applicant for habeas corpus relief shall not be deemed to have exhausted State remedies (thus disallowing the grant of habeas corpus relief) if such person deliberately bypassed any available procedure under the law of the State to raise such ground.

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1 official file

• Introduced in House

  summary · EN · 15 February 1979

  Open at official source

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