Habeas Corpus Revision Act of 1990

Summary

Habeas Corpus Revision Act of 1990 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a one-year statute of limitations for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. Specifies requirements for stays of execution and for the consideration of second or successive applications for a writ of habeas corpus in capital cases. Grants an applicant under sentence of death the right to appeal the final order in a habeas corpus proceeding without a certificate of probable cause, except after denial of a second application. Requires each habeas corpus claim to be governed by the law existing on the date the court considers the claim. Specifies circumstances under which the court may decline to apply a new rule representing a sharp break from precedent that positively changes the law from governing at the time the claimant's sentence became final. Specifies circumstances under which a habeas corpus applicant shall be deemed to have defaulted for failing to raise a claim in State proceedings. Requires any State in which capital punishment may be imposed to: (1) provide legal services to indigents who have been charged with capital offenses or who seek appellate, collateral, or Supreme Court review of a death sentence; and (2) establish an appointing authority to recruit, train, appoint, and evaluate attorneys for capital clients. Specifies standards for qualifications and performance for the lead counsel and co-counsel at the trial or sentencing stage and at the appellate, collateral, or certiorari stage. Provides for payment of appointed attorneys from the private bar and for relief and procedural exceptions where a State fails to provide qualified counsel in capital cases. Eliminates exceptions to the dismissal of any claim for habeas corpus relief where the petitioner has failed to exhaust available and effective State court remedies.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 7 May 1990

  Open at official source

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