Description: TO PASS H.R 15319, TO APPROVE IN WHOLE OR IN PART, WITH AMENDMENTS, CERTAIN RULES RELATING TO CASES AND PROCEEDINGS UNDER SECTIONS 2254 AND 2255 OF TITLE 28 OF THE UNITED STATES CODE, REGARDING WRITS OF HABEAS CORPUS.
Bill summary: (Reported to House from the Committee on the Judiciary with amendment, H. Rept. 94-1471)
Approves the habeas corpus rules promulgated by the Supreme Court on April 26, 1976, as amended by this Act, and makes such rules effective with respect to petitions and motions filed on or after February 1, 1977. Provides that a petition or motion for habeas corpus shall be in substantially the form required by the rules. Deletes the rebuttable presumption that filing a writ of habeas corpus more than
five years after the judgment of conviction results in prejudice to the State which may justify dismissal. Sets aside the former power of a judge to dismiss a second or successive petition, even if new grounds of relief were alleged, if the judge determined that prior failure to assert such grounds was not excusable. Permits such a dismissal only if the prior failure to assert such grounds constituted an abuse of the unit.
Revises specified procedural aspects of rules governing cases involving a petition for the writ of habeas corpus.
Click to hide full description.
Bill titles: A bill to approve in whole or in part, with amendments, certain rules relating to cases and proceedings under sections 2254 and 2255 of title 28 of the United States Code.
Original source documents: Digest of the Congressional Record vol. 122-138, p. H10017;
Links for more info on the vote: congress.gov