Habeas Corpus Reform Act of 1995

Summary

Habeas Corpus Reform Act of 1995 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 3) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Prohibits an appeal from being taken, unless a circuit justice or judge issues a certificate of appealability, from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court or the final order involving a prisoner in Federal custody. (Sec. 4) Sets forth provisions revising Federal Rule of Appellate Procedure 22 regarding application for an original writ of habeas corpus and for a certificate of appealability. (Sec. 5) Provides that a State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the requirement unless the State, through counsel, expressly waives the requirement. (Sec. 6) Imposes a one-year statute of limitations for filing for collateral relief by Federal prisoners. (Sec. 7) Revises provisions regarding limits on second or successive applications involving State prisoners. Requires dismissal of a claim presented in a second or successive habeas corpus application not presented in a prior application unless: (1) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable; or (2) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence and the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. (Sec. 8) Sets forth special habeas corpus procedures in capital cases, including provisions regarding: (1) the appointment, and claims of ineffectiveness, of counsel; (2) the filing of habeas corpus applications; (3) the scope of Federal review; (4) State unitary review procedures; and (5) limitation periods for determining applications and motions.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 24 March 1995

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 24 March 1995

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• Introduced in Senate

  summary · EN · 24 March 1995

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