A bill to amend title 28 of the United States Code and the Rules Governing Section 2254 Cases in the United States District Courts to change the types of hearings which a magistrate may conduct and to change the jurisdiction for the consideration of, and the standards for the granting of, writs of habeas corpus by Federal courts upon the application of persons in custody pursuant to judgments of State courts.

Summary

Removes the current authority of Federal magistrates to hear the following types of criminal proceedings: (1) evidentiary hearings in Federal court for habeas corpus relief for a person in custody under a State court judgment; (2) applications for posttrial relief by individuals convicted of offenses in State court; and (3) prisoner petitions challenging conditions of confinement. Stipulates that a writ of habeas corpus shall be granted on behalf of a person in custody under a State court judgment only if: (1) any of the grounds of such applications were not considered in the State court proceedings and the lack of such consideration (A) was not caused by the action of such applicant and (B) was prejudicial to such person; and (2) the application is made within three years of the date the judgment became final. Revises the standards governing proceedings in Federal court for a writ of habeas corpus by a person in custody under a State court judgment.

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Timeline

1. 21 August 1980

   Introduced

   Referred to House Committee on the Judiciary.

   Source: IntroReferral

2. 21 August 1980

   Introduced

   Introduced in House

   Source: IntroReferral

3. 21 August 1980

   Introduced

   Introduced in House

   Source: IntroReferral

Votes

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Versions

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Documents

1 official file

• Introduced in House

  summary · EN · 21 August 1980

  Open at official source

Sponsors

• Rep. Bennett, Charles E. [D-FL-3] · D · Sponsor
• Rep. Chappell, Bill, Jr. [D-FL-4] · D · Cosponsor
• · hsju00 · Standing

Related records

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