Habeas Corpus Reform Act of 1982

Summary

Habeas Corpus Reform Act of 1982 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State action precluded assertion of the right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. 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 which has been fully and fairly adjudicated in State proceedings.

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Timeline

1. 16 March 1982

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 16 March 1982

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 1 April 1982

   Committee

   Committee on Judiciary. Hearings held.

   Source: Committee

4. 25 May 1982

   Committee

   Committee on Judiciary received executive comment from Office of the Attorney General concerning amendments which may be proposed.

   Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 16 March 1982

  Open at official source

Sponsors

• Sen. Thurmond, Strom [R-SC] · R · Sponsor
• · ssju00 · Standing

Related records

• related to → Habeas Corpus Reform Act of 1982