Reform of Collateral Review of Criminal Judgments Act of 1988

Summary

Reform of Collateral Review of Criminal Judgments Act of 1988 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing that actual prejudice resulted from the denial of a Federal right and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or a sentence predicated on one. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners who, with respect to the claim, have access to an approved State-funded legal assistance program. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs, notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim that has been fully and fairly adjudicated in State proceedings.

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1 official file

• Introduced in House

  summary · EN · 11 August 1988

  Open at official source

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