A bill to provide expedited procedures for the consideration of habeas corpus petitions in capital cases.

Summary

Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by defendants subject to capital punishment and prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this title. Sets forth procedures for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of Supreme Court recognition of a new fundamental right that is retroactively applicable, or is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the filing of any successive petition for a writ of habeas corpus is authorized by the appropriate court of appeals and the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed or newly discovered facts are not based upon opinion evidence which would be sufficient to undermine the court's confidence in the validity of the death sentence. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this title shall provide for: (1) counsel to indigents charged with offenses for which capital punishment is sought, to those who have been sentenced to death and who seek appellate or collateral review in State court, and to those who have been sentenced to death and seek certiorari review in the U.S. Supreme Court; and (2) the entry of an order of a court of record appointing one or more counsel to represent the prisoner except upon a judicial determination (after a hearing, if necessary) that the prisoner is not indigent or knowingly waives the appointment of counsel. Requires at least one attorney appointed pursuant to this title before trial and one appointed after trial, if applicable, to be certified by a statewide certification authority, with exceptions. Authorizes the States to elect to create between one and three certification authorities (i.e., a special committee constituted by the State court of last resort or by State law, a capital litigation resource center, or a statewide defender organization) to: (1) certify attorneys qualified to represent persons charged with capital offenses or sentenced to death; (2) draft and annually publish procedures and standards by which attorneys are certified and rosters of certified attorneys; and (3) periodically review the roster of certified attorneys, monitor the performance of all attorneys certified, and withdraw certification from any attorney who fails to meet high performance standards or to demonstrate continuing competence to represent prisoners in capital litigation. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Directs the court to fix the compensation to be paid to an attorney appointed under this title. Specifies which law controls in Federal habeas corpus proceedings. Sets forth habeas corpus time requirements. Specifies that an applicant for habeas corpus in a capital case shall be deemed to have exhausted the remedies available in the courts of the State when he has exhausted any right to direct appeal in the State.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 14 January 1991

  Open at official source

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