A bill to amend title 28 of the United States Code, to change the types of hearings which a magistrate may conduct, and to change the jurisdiction for the granting of, writs of habeas corpus by Federal courts upon the application of persons in custody pursuant to judgements of state courts.

Summary

Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; or (2) the State procedures precluded assertion of the right; or (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records contain factual findings, unless the petitioner establishes the existence of at least one of six enumerated circumstances. (Currently, the State findings are presumed to be correct unless petitioner establishes existence of a circumstance.) Eliminates from such circumstances: (1) that the applicant did not receive a full, fair, and adequate hearing; or (2) that the applicant was otherwise denied due process.

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1 official file

• Introduced in House

  summary · EN · 4 May 1981

  Open at official source

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